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Arbitration 2025 BCCA 412

Seylynn (North Shore) Phase II GP Ltd. v. Seylynn (North Shore) Properties Phase II Limited Partnership

Supplementary reasons on costs after dismissal of an application to vary refusal of leave to appeal an arbitration award. The Court ordered costs against the appellant only, not its director.

  • Leave to appeal
  • Variation of order
  • Costs against non-party
  • Indemnity for costs
  • Maintenance and champerty
  • Derivative leave
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Contract law 2024 BCSC 2512

Dakin West Inc. v. South Coast British Columbia Transportation Authority

The court refused relief from forfeiture after finding Dakin West remained in breach of its licence, lacked clean hands, and had not shown a disproportionate forfeiture.

  • Relief from forfeiture
  • Termination of licence
  • Sub-licence and consent
  • Indemnity for costs
  • Interpretation of franchise legislation
  • Relief-from-forfeiture
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Contract law 2024 BCSC 1034

Smith v. SaNOtize Research and Development Corp.

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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Civil procedure 2020 ONCA 509

Friends of Toronto Public Cemeteries Inc. v. Public Guardian and Trustee

Court accepted that respondents qualified as public interest litigants for standing purposes but held that public interest status did not automatically eliminate costs exposure; balanced factors and awarded Mount Pleasant Group of Cemeteries $150,000 (appeal and cross-appeal) and $200,000 (application) against FTPC (inclusive of disbursements and tax), and awarded $10,000 against Ms. Wong-Tam for appeal and cross-appeal with no order for application costs.

  • Public interest litigation
  • Standing
  • Statutory trust
  • Quantum of costs
  • Indemnity for costs
  • Security for costs
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Trusts 2019 BCSC 1085

Trustees of the IWA v. Wade

The court held Roger Wade personally liable for knowingly assisting Log Transport’s breach of statutory and contractual trust obligations for pension and disability contributions.

  • Knowing assistance
  • Deemed trust
  • Statutory trust
  • Indemnity for costs
  • Directions to pay
  • Default judgment
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Property law 2019 BCSC 997

Pallot v. Douglas

Costs assessment after a partition and trust dispute. The court allowed the respondent’s solicitor-client accounts in part and fixed recovery at $22,730.28.

  • Partition and sale
  • Leasehold interests
  • Bare trust
  • Standing to sue
  • Indemnity for costs
  • Solicitor-client costs assessment
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Civil procedure 2013 NSSC 412

Fougere v. Blunden Construction Ltd.

The motion was dismissed because there existed genuine issues of material fact as to the architect's role and contribution to risk; given the complexity, importance, preparation and partial use of expert material the court found special circumstances to depart from Tariff C and awarded a lump sum cost equal to approximately one third of the Defendant's actual expenses, $5,500 inclusive, as a substantial but incomplete indemnity.

  • Summary judgment
  • Third party claim
  • Tariff c
  • Chambers costs
  • Indemnity for costs
  • Rule 77.08
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Contract law 2010 BCSC 843

Smith v. Landstar Properties Inc.

A summary trial judgment found negligent misrepresentation and breach of contract over an unregistered debenture, awarding caveat-related costs and an interest differential.

  • Misrepresentation
  • Breach of contract
  • Damages
  • Indemnity for costs
  • Interest differential
  • Caveat registration
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Bankruptcy 2007 BCSC 451

Culp Investments LLC v. KPMG Inc. et al.

La Cour suprême de la Colombie-Britannique ordonne à la demanderesse de fournir 180 000 $ en garantie des dépens, faute de quoi l’action sera suspendue.

  • Security for costs
  • Bia s.38
  • Inherent jurisdiction
  • Reciprocity of enforcement
  • Indemnity for costs
  • Fraud and misrepresentation
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Admiralty and maritime law 2004 BCCA 637

Valmet Paper Machinery Inc. v. Hapag-Lloyd AG

The British Columbia Court of Appeal awarded Hapag-Lloyd its costs on scale 1 and declined to require Davis to indemnify Valmet for those costs.

  • Costs of appeal
  • Cross-appeal
  • Indemnity for costs
  • Procedural rules
  • Dismissal
  • Costs
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.