Ontario civil | Civil Practice and Procedure | Costs | Costs of particular proceedings
Dispute arose between parties with respect to transfer of trust assets. According to agreement, assets held by respondents were to be transferred to applicants. Respondents made certain loans in United States. Respondents took position that assets relating to those loans were extinguished by judgment made in Colorado Court against respondents and that those assets were no longer capable of being transferred to applicants. Applicants commenced application for determination of parties' obligations under agreement. Applicants contended that their position could be made out on admissions made in Colorado proceedings. Respondents brought successful motion for order converting application into action. Parties made submissions on costs. Applicants were ordered to pay respondents costs in amount of $11,000 inclusive of disbursements and HST. Motion was not complex and should not have taken long to prepare. Applicants had resisted respondents’ steps to try and obtain consent to convert, which complicated what should have been straightforward motion.
Seabrook v. Pantrust (2018), 2018 CarswellOnt 19219, 2018 ONSC 6640, S. Nakatsuru J. (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 15452, 2018 ONSC 5471, S. Nakatsuru J. (Ont. S.C.J.).
