Woman acted unreasonably throughout litigation

Civil Practice and Procedure - Costs - Scale and quantum of costs

Parties were in common-law relationship for relationship for nine years. Parties were both working full-time when relationship began, husband retired but became bored, and he was now working as driver of valet shuttle bus. Woman was working full-time as registered nurse, she started her own business, but she decided to retire and her licence as registered nurse was suspended for failure to pay annual dues. Woman moved into condominium man jointly owned with his ex-wife, condominium was sold and man purchased condominium in his sole name, but he later transferred condominium to both parties as joint tenants. Man used line of credit secured against property to purchase trailer and boat. Woman brought unsuccessful motion seeking relief, including sale of jointly owned condominium, trailer and boat, equal division of net proceeds of sale, and spousal support. Parties made submissions on costs. Man was required to provide detailed and proper Bill of Costs in order to quantify his full recovery costs for entire proceeding. Man was successful on all issues and was therefore presumably entitled to his costs on partial indemnity basis, and was entitled to his costs on full recovery basis from date of his first offer to settle. Woman acted unreasonably throughout litigation . Man had simply provided copy of his lawyer’s entire dockets without proper Bill of Costs detailing how much time and expenses were incurred for each step of case.

McCarthy v. Labonte (2019), 2019 CarswellOnt 8695, 2019 ONSC 3300, Julie Audet J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 4783, 2019 ONSC 1895, Julie Audet J. (Ont. S.C.J.).

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