Civil Practice and Procedure – Costs – Effect of success of proceedings
Respondent accessed his property by driving on access road, which was not registered as right of way or easement on title, that crossed applicant's property. Court granted application permitting applicant to close access road on her property, enforcement of which was suspended for one year. Upon further submissions, applicant was awarded $7,500 costs on partial indemnity basis. Applicant was successful party and was presumptively entitled to costs. Both parties made efforts to resolve matter but respondent's position that access road always remain open led to litigation. Issue was important to both parties. Applicant was not attempting to cause respondent financial hardship, but rather was asserting her rights and limiting her liabilities on use of her property. Issues were not complex, but involved intricate law of various easements.
Thompson v. Lidtkie (2020), 2020 CarswellOnt 649, 2020 ONSC 117, A. Doyle J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 19778, 2019 ONSC 6613, A. Doyle J. (Ont. S.C.J.).
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