Aaron Pearl

This endorsement addresses the costs of a successful motion brought by the plaintiffs for a further and better affidavit of documents and a timetable for trial.

The court awarded substantial indemnity costs to the plaintiffs, finding that the defendants' unexplained delay, particularly given the plaintiffs' advanced age and frail health, constituted bad faith.

The court considered factors under Rule 57.01 of the Rules of Civil Procedure, including the complexity, importance, and conduct of the parties.

While adjusting the plaintiffs' claimed fees for waiting time and excessive photocopy charges, the court largely upheld the claim, noting the defendants' failure to provide their own dockets for comparison.

The applicant and respondents, estate trustees for the deceased, both claimed entitlement to $51,462.56 held in court, representing the balance of a mortgage.

The deceased had previously sold a property to the applicant and taken back a mortgage.

Years later, the deceased and applicant signed an agreement fixing the mortgage balance, and subsequently, the deceased wrote 'paid' on the agreement and signed it before her lawyer.

The court found that the deceased intended to make an inter vivos gift of the mortgage balance to the applicant.

The court held that the execution of the addendum and its deposit with the solicitor constituted sufficient delivery to complete the gift, even without a registered discharge of the mortgage.

The applicant was entitled to the funds.