Canada Case Law

Paletz v. Barrington Wealth Partners Inc.

Court

Supreme Court of Nova Scotia

The Manulife Defendants were awarded costs because they achieved the bulk of the success via the Consent Order, the Court may consider Tariff C even where an appearance was avoided, the plaintiff's failure to accept a partial offer did not preclude costs liability, and consideration of party cooperation justified a reduced award; accordingly $1,250 was fair to do justice between the parties.

Source excerpt

• Costs awards
• Consent order
• Partial summary judgment
• Offer to settle
• Fiduciary duty
• Negligence

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Blizzard Uranium Corp. v. Nathanson, Schachter & Thompson LLP

Court

Supreme Court of British Columbia

The Court admitted an email about settlement advice for a limited purpose, finding it relevant to whether the plaintiffs reasonably relied on advice and reserved final admissibility.

• Hearsay
• Opinion evidence
• Admissibility
• Reasonableness of settlement
• Reliance on advice
• Weight vs admissibility

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Halton Standard Condominium Corporation No. 550 v. Del Ridge (Appleby) Inc.

Court

Court of Appeal for Ontario

The Court dismissed the appeal, holding the motion judge did not err in refusing to dismiss the respondent's action: the judge properly required the respondent to request experts produce supporting documents rather than striking the claim, and correctly found the settlement did not entirely change the litigation landscape or require disclosure; costs of $10,000 were awarded to the respondent.

Source excerpt

• Failure to produce expert foundational documents
• Non-disclosure of settlement agreement
• Pierringer agreement disclosure
• Motion judge deference
• Sanctions for non-compliance

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GB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Because the General Division failed to consider ss.153.7(1), 153.7(1.1) and 153.8(1) of the Employment Insurance Act and the parties agreed those provisions justified non-repayment, the Appeal Division allowed the appeal and held the claimant is not required to repay the $2,000 EI ERB advance, although no additional weeks of EI ERB are awarded.

Source excerpt

• Emergency response benefit
• Advance payment
• Repayment
• Reconsideration
• Error of law
• Settlement conference

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Gustafson v. MacFarlane

Court

Supreme Court of British Columbia

The court ordered double costs from August 12, 2022 after finding the defendant unreasonably rejected the plaintiff’s formal $3.4 million settlement offer.

• Offers to settle
• Double costs
• Hccra (health care costs recovery act)
• Contributory negligence
• Settlement negotiations
• Double-costs

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Malick v. McCullough

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal by consent after the parties settled, vacating the lower-court order and dismissing the action to end the dispute.

• Consent order
• Vacating order
• Dismissal
• Administration of justice
• Appeal-by-consent
• Settlement

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McLean v. Canada (Attorney General)

Court

Federal Court

The Federal Court approved $557,107.36 in class counsel fees, disbursements and HST for post-implementation services from April to June 2021.

• Fee approval
• Quarterly transfer from trust
• Post-implementation legal services
• Settlement agreement interpretation
• Order of fee approval
• Class-actions

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Lim v. Zhu

Court

Supreme Court of British Columbia

The court dismissed applications to cross-examine two affiants at a costs hearing after the parties had settled the merits, holding the request would improperly revisit the case.

• Cross-examination on affidavits
• Special costs
• Settlement confidentiality
• Proportionality in costs hearings
• Cross-examination-on-affidavits
• Special-costs

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1029865 B.C. Ltd. v. 1007442 B.C. Ltd.

Court

Supreme Court of British Columbia

Post-trial costs ruling denying double costs under Rule 9-1 and awarding ordinary Scale B costs to the defendants.

• Offer to settle
• Rule 9-1
• Double costs
• Costs awards
• Credibility findings
• Costs

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Construction Distribution & Supply Co. Inc. v. King Packaged Materials Company

Court

Court of Appeal for Ontario

The court, on the parties' consent that the matter had settled, dismissed the appeal and the application for leave to appeal costs and awarded costs to the respondent in the amount of $25,000, all inclusive.

Source excerpt

• Costs award
• Consent dismissal
• Application for leave to appeal
• Settlement agreement

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