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The Court of Appeal for Ontario allowed the appeal, held that the Fourth Will of Reka Anroop was invalid, and set aside the costs order below.
The March 2, 2023 $130,000 offer lacked any rationale and, despite exceeding the trial result, it was not unreasonable for Mandeep to decline it; overall results at trial reflected mixed success for all parties with each respondent and the claimant achieving greater than 50% but less than substantial success (~75%), so costs should not follow the event; accordingly no double costs or ordinary costs awards were made and each party must bear their own costs; interpreter fees are ordered split 50/50 between Mandeep and Gurshinder with reimbursement to Maninder for his overpayment to effect that…
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Ontario Court of Appeal dismissed an appeal over a claimed beneficial interest in a property, but varied costs because the respondents were not wholly successful.
MWP failed to provide required affidavits and hearing record and produced untimely, prejudicial materials justifying dismissal of its appointment; on the merits Bernard's discounted rates, contemporaneous emails demonstrating client instruction, and supporting invoices established the fees and most disbursements were reasonable and recoverable, except for an unsupported $44.70 scanning charge (plus tax), and the registrar must certify the bill with interest at 12% per the retainer while crediting MWP pre-judgement interest on the $20,000 retainer under the Court Order Interest Act.
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Contrôle judiciaire accueilli pour atteinte à l’équité procédurale; la décision de grief est annulée et renvoyée à un nouveau décideur. Dépens de 500 $ accordés au défendeur.
The Ontario Court of Appeal dismissed an appeal over share-option vesting, holding the agreement required continued engagement and did not create a fixed-term contract.
The court found the Conseil substantially successful against the VBE, but reduced costs to 65% on scale C because the trial was unreasonably prolonged.
The Court of Appeal ordered each party to bear its own costs of the appeal, finding divided success and shared oversight over the form of the order.
The Federal Court ordered each party to bear its own costs after split Charter judicial review outcomes involving section 15, section 25, and a novel costs question.
The court dismissed a DEER application to exclude disbursements from the 6% cap, finding the plaintiff had not shown undue hardship despite proving timing, risk, and necessity.
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