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The Court of Appeal ordered partial security for special costs below and ordinary security for appeal costs, finding the appeal had merit but recovery risk remained.
The court held that ACI’s quantum meruit claim was not barred by res judicata or abuse of process and awarded it CAD 149,709.33 for post-August 2012 work.
No material facts were in dispute that funds were advanced and the Bedros Lane mortgage was in default; disputed quantum does not preclude summary judgment because the amount owing can be assessed under Rule 13.05; the second foreclosure is not barred by res judicata or abuse of process because the prior proceeding concerned a different mortgage (different cause of action) securing the same debt; therefore summary judgment is granted and the quantum is to be assessed.
Source excerpt
The court awarded Mr. Bryson double costs after finding his settlement offer should have been accepted in a costs application following summary trial.
The court issued supplementary costs reasons, holding all plaintiffs liable on a several basis, refusing double costs, applying the current tariff, and setting interest from October 1, 2008.
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