May 7 – Costs & Motions For Distribution of Proceeds of Sale

“Motions for distribution of the proceeds of sale of a home are generally uncomplicated and the costs awarded on such motions are modest. I have considered the following costs awards in such motions in the past:

a) In Chapman v. Talib2012 ONSC 1980 (CanLII), J. Mackinnon J. stated that he was inclined, subject to written arguments, if submitted, to award $1,500 costs;

b) In Christie v. Christie2003 CanLII 1946 (ON SC), Marshman J. awarded nominal costs of $250;

c) In Piekarska v. Piekarski2013 ONSC 5064 (CanLII), Fragomeni J. awarded $10,000 costs to the wife in her motion for the release of proceeds of sale, among other issues.

d) In  Wilson v. Heera-Wilson and RBC2012 ONSC 5411 (CanLII), Fregeau J. awarded costs of $550;

e) In Prikker v. Vaine2010 ONSC 2914 (CanLII), Boswell J. awarded costs of $2,500.”

LeClerc v. LeClerc, 2015 ONSC 2978 (CanLII) at 56