October 28, 2024 – Costs Generally Not Appropriate After Settlement

“The parties could not resolve their differences over the investment property, and the father chose to bring a motion which he was entitled to do. However, the mother accepted his offer to settle this matter six days before the motion was heard and an order was made on consent to sell the investment property. Given the issue was resolved on consent, and the Court did not adjudicate the merits of this particular issue, it is difficult to assess whether the parties’ positions were unreasonable. It is for this reason that costs are generally not appropriate on consent orders: Ball v Ball, 2014 ONSC 5754 at para 12.”

            Oppong-Nketiah v. Oppong-Nketiah, 2021 ONSC 7151 (CanLII) at 16