Canada Case Law

Coyle v. McGuire

Court

British Columbia Court of Appeal

No live controversy within the ambit of s.33 remained such that the appeal from dismissal should be entertained; the prior adjudication and related proceedings supported cause of action estoppel/practical finality, and the chambers judge did not err in exercising discretion to award special costs because the petition constituted an abuse of process and inefficient, duplicative litigation.

Source excerpt

• Section 33 strata property act
• Cause of action estoppel
• Mootness
• Abuse of process
• Special costs
• Indemnity bylaws

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Morgan v. Cowper-Smith

Court

Supreme Court of British Columbia

The Court confirmed much of a registrar’s report on an estate passing of accounts, rejected an occupational rent claim, refused to reopen the hearing, and made costs and indemnity orders.

• Passing of accounts
• Occupational rent claim against beneficiary
• Proprietary estoppel enforcement
• Executor indemnity and remuneration
• Maintenance expenses liability
• Re-opening of hearings/new evidence

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The Owners, Strata Plan VIS 1549 v. Cinnabar Brown Holdings Ltd.

Court

Supreme Court of British Columbia

The court dismissed Cinnabar’s application to set aside a March 2, 2023 consent order and refused leave to file a counterclaim.

• Consent orders
• Setting aside judgments
• Unilateral mistake
• Solicitor representation on the record
• Costs assessment by registrar
• Indemnity agreements

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Smith v. SaNOtize Research and Development Corp.

Court

Supreme Court of British Columbia

The court held that a settlement agreement’s indemnity clause applied to claims already released, entitling the defendants to indemnity costs subject to assessment.

• Settlement agreement
• Release clause
• Indemnity for costs
• Contractual interpretation
• Limitation act
• Striking and dismissal of claims

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The Owners, Strata Plan VIS 1549 v. Cinnabar Brown Holdings Ltd.

Court

Supreme Court of British Columbia

The court dismissed Cinnabar Brown Holdings Ltd.’s appeal from a registrar’s assessment, holding the reference was limited to reasonableness of indemnified expenses.

• Indemnity clause
• Costs assessment
• Issue estoppel
• Fiduciary duty
• Procedural fairness
• Costs-assessment

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The Catalyst Capital Group Inc. v. West Face Capital Inc.

Court

Court of Appeal for Ontario

The court awarded costs on a partial indemnity basis to the respondents in specified amounts because the appellants' conduct did not warrant an elevated (full indemnity) award and the requested amounts were reasonable and proportionate given the scope of the appeals and the roles and burdens carried by specific respondents.

Source excerpt

• Costs of appeal
• Partial indemnity
• Full indemnity
• Quantum of costs
• Allocation of costs among respondents

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Link v. Link

Court

Nova Scotia Court of Appeal

The Court of Appeal held the application judge applied correct legal principles and there was ample unrefuted evidence to support his factual finding that the appellant was not acting in good faith (a prerequisite under s.4(2)(b)), therefore leave to bring the derivative action was properly denied; the costs award was within judicial discretion and did not constitute manifest injustice.

Source excerpt

• Derivative action
• Leave to bring suit
• Good faith
• Interests of the company
• Limitation periods
• Remedial statutory interpretation

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Sarband v. Joubin

Court

British Columbia Court of Appeal

The Court of Appeal upheld enforcement of a separation agreement requiring repayment of a line of credit debt, rejected a collateral agreement claim, and affirmed costs.

• Separation agreement enforcement
• Repayment of debt
• Collateral oral agreement
• Limitation period (statute of limitations)
• Solicitor-client/indemnity costs
• Contract interpretation

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Bernard v. Professional Institute of the Public Service of Canada

Court

Federal Court of Appeal

Assessment Officer allowed the Respondent partial recovery: Item 2 allowed at 11 units (Column V) as reasonable; the Court's July 22, 2019 direction was treated as written argument and assessed under Item 15 at 5 units rather than Item 5; pre-hearing work was not fully substantiated and was allowed one unit under Item 27 for requisition-related communications; Item 26 (assessment) allowed at 6 units; disbursements including $57 for legal research were allowed. The Respondent's Bill of Costs was allowed in part and a Certificate of Assessment issued for $4,814.93 payable by the Applicant to th…

Source excerpt

• Costs assessment
• Tariff b
• Vexatious litigant
• Offers to settle
• Disbursements
• Assessment officer discretion

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Briggs Estate

Court

Supreme Court of British Columbia

The court dismissed the remaining estate applications and ordered costs on an adversarial basis, including special costs for Vanessa Hoggarth and Scale B costs relating to Glenna Hoggarth's estate.

• Passing of accounts
• Executrix remuneration
• Special costs
• Scale b costs
• Standing to commence estate claims
• Abuse of process

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