Applicant was successful party and was presumptively entitled to costs

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.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

LSO Convocation approves license proposal for non-lawyer family legal services providers

Recent ruling a 'cautionary tale' for start-ups, says IP lawyer

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders

Law Society of Ontario extends virtual verification until January 2024

Ontario Court of Appeal upholds summary judgment in seller's favour after buyer fails to close

Heather Johnston joins Law Foundation of Ontario's board of trustees

Most Read Articles

Seven new judges join Ontario Court of Justice

LSO and federation push Metrolinx to find alternative to new subway station on Osgoode Hall property

LSO Convocation approves license proposal for non-lawyer family legal services providers

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders