Law360 Canada ( November 6, 2024, 2:28 PM EST) -- Appeal by Fraser and DLF Law Practice Inc. (Fraser) of judge’s award of lump sum costs of $20,000 in favour of MacIntosh. This appeal originated from an interlocutory motion hearing. Both parties filed interlocutory motions. Fraser sought to strike portions of two of MacIntosh's affidavits filed with the court but failed. Fraser opposed MacIntosh's motion for appointment of a case management judge and for a prohibition on Fraser attending MacIntosh's residence, including for serving documents. MacIntosh was successful on both motions. MacIntosh asked for costs of over $47,000 on a solicitor-client basis due to rare and exceptional circumstances stemming from Fraser's conduct, or alternatively, a substantial indemnity through a lump sum costs award. Fraser argued against any costs award because the amount sought was high and the behaviour by MacIntosh and his counsel was unreasonable. He submitted that the judge committed errors of law and fact, made a manifestly unjust and wrong decision and that there was a reasonable apprehension of bias on the part of the judge. The judge found Fraser needlessly prolonged the proceeding. She awarded party and party costs through a lump sum of $20,000 plus disbursements, justified by Fraser's inexplicable conduct....