Canada Case Law

Sundial Homes (Sharon) Limited v. Wei

Court

Court of Appeal for Ontario

The trial judge did not err in treating the disputed upgrades payment as a deposit and in finding the vendor reasonably mitigated damages; however, because the appellant proceeded under the ordinary procedure and ultimately recovered less than the prescribed simplified procedure threshold (after accounting for deposits and disputed items), r.76.13 mandates that the appellant shall not recover costs, so the costs award in its favour is set aside.

Source excerpt

• Damages
• Mitigation
• Deposits
• Prejudgment interest
• Offers to settle
• Simplified procedure r.76.13

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Singh v. Chand

Court

Supreme Court of British Columbia

Costs ruling in a motor vehicle injury case: the plaintiff gets costs only to the date of a $250,000 advance payment, and the Chand defendants get costs after that date. A Sanderson order is refused.

• Advance payment
• Offer to settle
• Sanderson order
• Costs consequences
• Rule 9-1
• Rule 14-1(18)

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Mitchell v. Fonseca

Court

Supreme Court of British Columbia

Costs ruling after a jury trial: the plaintiff was awarded costs for the whole proceeding because rejecting the defendants’ $110,000 offer was not unreasonable.

• Offer to settle
• Rule 9-1
• Rule 14-1(9)
• Reasonableness of settlement rejection
• Costs consequences
• Costs

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Rakic v. Stolz

Court

Supreme Court of British Columbia

The court dismissed a late application to remove a personal injury action from fast track, finding the delay unjustified, prejudicial, and strategically motivated.

• Fast track rule
• Removal from fast track
• Timing and delay
• Prejudice
• Costs consequences
• Fast-track-rule

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Bains v. Antle

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal about costs after a rejected settlement offer, upholding the trial judge’s discretion under Rule 9-1.

• Offers to settle
• Rule 9-1 (supreme court civil rules)
• Reasonableness of refusing settlement
• Costs consequences
• Jury trial unpredictability
• Future loss of earning capacity

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Connor Estate

Court

Supreme Court of British Columbia

Costs reasons in a WESA spouse-declaration proceeding. The applicant received costs, but the court refused double costs because the settlement offer was nominal and the dispute was reasonably arguable.

• Spouse declaration
• Offers to settle
• Costs consequences
• Wills, estates and succession act interpretation
• Costs
• Offers-to-settle

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469238 B.C. Ltd. (Lawrence Heights) v. Okanagan Aggregates Ltd. (Motoplex Speedway and Event Park)

Court

Supreme Court of British Columbia

The court dismissed the defendants’ post-trial costs application, finding their Rule 9-1 offer was not one the plaintiffs ought reasonably to have accepted.

• Nuisance
• Injunction
• Offers to settle
• Settlement misnomer
• Costs consequences
• Rule 9-1

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JEKE Enterprises Ltd. v. Northmont Resort Properties Ltd.

Court

Supreme Court of British Columbia

Northmont withdrew its summary trial application. The court held the withdrawal should be allowed without an immediate costs award, leaving costs for the trial judge.

• Summary trial
• Withdrawal of application
• Vesting order
• Time‑share/vacation interval agreements
• Declarations
• Costs consequences

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Syncrude Canada Ltd. v. Canada (Attorney General)

Court

Federal Court of Appeal

The court afforded the appellant a broad margin of appreciation to include the materials it deemed necessary, rejected the respondent's unexplained requirement for a single paper copy of the entire record, and ordered a compromise: an electronic record limited to the table of contents and documents under Rule 344(1)(e), a paper Book of Essential Documents containing specified Rule 344 items, party compendia linked to memoranda, specified deadlines, and that the appellant recover costs of the motion.

Source excerpt

• Appeal book content
• Electronic record filing
• Compendia
• Federal courts rules compliance
• Costs consequences

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Debou v. Besemer

Court

Supreme Court of British Columbia

The court granted the plaintiff double costs from the date of his formal settlement offer, finding the offer ought reasonably to have been accepted before trial.

• Offer to settle
• Rule 9-1(5) and (6)
• Double costs
• Settlement offers
• Costs consequences
• Double-costs

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