Is a sister required to pay half of the post-partition costs of a survey and municipal severance application?
Ontario, Canada
The following excerpt is from Ponvert v. Wood, 2006 CanLII 5614 (ON SC):
In the Notice of Application, the sister seeks an order directing her brother to pay one-half of the survey and municipal severance application costs, “including survey costs to date” (see para. [2] above). Where, as in this case, the partition of co-owned real property is in unequal shares, the usual order is for post-partition order costs to be shared by the parties in proportion to their respective interests in the partitioned property: Cartwright v. Diehl (1867) 13 Gr. 360. Accordingly, an order will issue requiring the brother to pay one-third of the ongoing costs of completing the partition, including the severance application.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
Is there to be no costs or indulgence from the court for the portion of a motion seeking to extend time for the application to extend the time of the application? (Ontario, Canada)
What are the costs of a respondent mother's costs application? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
What are the requirements for an application to be heard by a hearing panel to state that an applicant has undergone a meaningful change and rehabilitation of their character? (Ontario, Canada)
What are the costs of a motion brought by an Applicant against the Respondent? (Ontario, Canada)
What is the standard of care required by a municipality for pedestrians crossing a roadway? (Ontario, Canada)
