Canada Case Law

The Residential Section of the Owners, Strate Plan NW 3365 v. The Commercial Section of the Owners, Strata Plan 3365

Court

Supreme Court of British Columbia

Bylaw 2000 cannot be read to allocate repair and maintenance of common property that is not solely attributable to one section to only that section; the building envelope and related common property of the Mixed-Use Building are common property for which the Strata Corporation is responsible, and all owners must contribute to repair and maintenance costs in proportion to unit entitlement.

Source excerpt

• Common property
• Common expenses
• Bylaw interpretation
• Sections of strata corporation
• Building envelope repairs
• Allocation of costs

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David v. Loblaw Companies Limited

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed the appeals and, by agreement, awarded Maple Leaf Foods Inc. $40,000 all inclusive in costs, split between the appellants and Canada Bread.

• Appeal costs
• Costs agreement
• Allocation of costs
• Appeal-costs
• Costs-agreement
• Class-proceedings

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Macpherson v. Wyszatko Estate

Court

Court of Appeal for Ontario

Ontario Court of Appeal fixed costs on a dismissed appeal, awarding Julia Macpherson $22,057.17 on a partial indemnity basis and declining non-party costs against Irene Winter.

• Costs awards
• Partial indemnity costs
• Non-party costs liability
• Allocation of costs
• Variation of lower court order
• Costs-awards

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Green Light Solutions Corp. v. Kern BSG Management Ltd.

Court

British Columbia Court of Appeal

Leave to appeal and a stay were dismissed in this arbitration costs dispute because no extricable question of law was shown and procedural fairness complaints belonged under s. 58.

• Leave to appeal
• Procedural fairness
• Allocation of costs
• Appeal on question of law
• Interest on overdue payments
• Arbitration

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Real Organics & Natural House Ltd. v. Canadian Phytopharmaceuticals Corporation

Court

Supreme Court of British Columbia

Post-trial costs reasons in a contract case. The court held each side should bear its own costs after finding the plaintiffs should have accepted settlement offers and no uplift or special costs were warranted.

• Breach of contract
• Duty of honest performance
• Fraud and deceit
• Conspiracy
• Offers to settle
• Fast track costs

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T.O. Estate v. D.O.

Court

Court of Appeal for Ontario

Given the divided success on appeal and cross-appeal, the concession by the Estate on one aspect, and the comparatively small monetary significance of the contested personal award, the court exercised its discretion to order that each party bear its own costs of the appeal and cross-appeal.

Source excerpt

• Costs of appeal
• Cross-appeal
• Divided success
• Allocation of costs

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Konstan v. Berkovits

Court

Court of Appeal for Ontario

After accounting for the $36,000 paid by Ms. Konstan to Mr. Berkovits, the court treated the remaining reasonable partial indemnity costs (approximately $86,000) as recoverable in part from the Gerstel parties: Mr. Gerstel must pay $28,000 in all-inclusive costs to Mr. Berkovits for his unsuccessful cross-appeal in the Murder for Hire Action, and the Gerstel parties are jointly and severally liable for $28,000 in all-inclusive costs to the Berkovits parties for their unsuccessful appeal in the Interference Action; no costs were awarded in the Town Crier Action.

Source excerpt

• Abuse of process
• Nuisance
• Interference with economic relations
• Conspiracy
• Allocation of costs
• Appeals and cross-appeals

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Valley Gate Mini and Mobile Home Park Ltd. v. Wilson

Court

Nova Scotia Small Claims Court

On the balance of probabilities the adjudicator found the frozen pipe was below ground, supported by credible firsthand testimony and a detailed lay inspection, and the technician's handwritten note was given less weight as hearsay; therefore the park bore financial responsibility for the technician's visit and the claimant's claim was dismissed.

Source excerpt

• Repair and maintenance responsibility
• Utilities (water)
• Allocation of costs
• Evidence and burden of proof

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Niagara Falls Shopping Centre Inc. v. LAF Canada Company

Court

Court of Appeal for Ontario

The Court allowed the Tenant's appeal in part: the Lease is to be extended for a period equivalent to government‑mandated COVID closures and the Tenant is not required to pay rent during that extension, while affirming the lower court's order that the Tenant must pay monthly rent during the government‑mandated closure periods; costs of the appeal fixed at $20,000 inclusive to the Tenant, and no order as to costs of the motions, the action and the counterclaim with each party to bear its own costs of those matters.

Source excerpt

• Lease extension
• Covid-19 closures
• Rent abatement
• Allocation of costs
• Appeal

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Key First Nation v. Lavallee

Court

Federal Court of Appeal

The assessment officer exercised discretion to allow a total of $6,874.18 in costs payable by the respondents to the Appellant, allocating specific units to Tariff B items based on complexity and evidence: Item 1 (7 units), Item 13(a) (3 units), Item 14(a) (6 units total based on 2 hours at 3 units), Item 24 (travel disallowed for lack of court instruction), Items 17,18,20 (allowed as claimed), Item 19 (5 units), Item 22(a) (6 units total based on 2 hours at 3 units), Item 26 (5 units); disbursements allowed as lump sum $1,000 for photocopying/printing, $392.80 for service, $150 court fees, $…

Source excerpt

• Assessment of costs
• Tariff b (column iii)
• Allocation of costs
• Disbursements
• Jurisdiction of assessment officer
• Photocopying and printing charges

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