In Atkinson v. Houpt, 2017 ONCJ 316 (CanLII), S. O’Connell J. awarded modest costs after stating at paras. 48-49: However, there may be instances where the settlement is a “clear capitulation” by one party in favour of another, and is very clear who the successful party is in the litigation. This is one of those cases. The mother was entirely successful.
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