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The Court of Appeal for Ontario dismissed a motion to set aside a security for costs order, upholding $50,000 in security and awarding costs of $10,000.
The Court rejected the plaintiff’s equity and ownership claims, awarded repayment and quantum meruit, dismissed wrongful arrest, and allowed the defendant’s defamation counterclaim in part.
Leave to appeal was refused because the proposed appeal did not raise questions of principle extending beyond the case, the grounds lacked arguability in light of the trial judge's factual findings that the insurance policy provided minimal coverage, non-disclosure was inadvertent and caused no prejudice, and the costs decision was a discretionary exercise not shown to be reviewable; consequently no stay was warranted.
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The court dismissed cross-applications to remove an estate administrator and to release funds, but ordered disclosure steps and payment of prior costs from the administrator’s share.
The Court of Appeal for Ontario dismissed D.M.S.’s motion to extend time to perfect his appeal, citing unexplained delay, repeated non-compliance, prejudice, and no merit.
Motion denied. The Court of Appeal refused to extend time to perfect two appeals, finding the proposed appeals lacked merit and consolidation was unnecessary.
The court found divided success in this family law trial costs decision and ordered each side to bear its own costs. No special costs were awarded.
The court refused special costs, awarding Scale B costs to L.S.B. for the foreclosure appeal and to J.K.P. for the family and civil actions.
The court dismissed the payor's bid to reduce support, increased child support retroactively for 2023–2024, left spousal support in place, and adjusted s. 7 expenses.
The judge concluded the appellant’s grounds of appeal were weak but not frivolous; however, given unpaid costs awards, inadequate disclosure of financial means, and the appellant’s favourable occupation of the disputed property, there were sufficient grounds to require partial security for costs. Accordingly the court ordered staged security totalling CAD 6,700 and awarded motion costs of CAD 1,200 while declining to stay access to justice by requiring payment of all outstanding costs as a precondition to proceed.
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