Aleksandr G. Bolotenko

Following the dismissal of the appellant's appeal, the respondents sought full indemnity costs, relying on an unresponded settlement offer and rule 57.01 of the Rules of Civil Procedure.

The Court of Appeal declined to award full indemnity costs, noting that costs generally follow the event on a partial indemnity basis unless there is sanctionable conduct during the appeal.

Finding no such conduct, the court awarded the respondents partial indemnity costs of $11,000 all-inclusive.

The appellant appealed the dismissal of his application for a declaration that he owned a two-thirds share of a property.

The property was originally owned by his mother-in-law, who transferred it to herself and her daughter (the appellant's late wife) as joint tenants.

The appellant argued the property was a matrimonial home and the joint tenancy was severed upon his wife's death.

The Court of Appeal dismissed the appeal, finding that the transfer raised a presumption of resulting trust which was not rebutted.

Because the daughter held the property on resulting trust, she did not have an interest in the property under the Family Law Act, precluding it from being a matrimonial home.

The appellant, a police officer, was charged with major service offences and appeared before the Deputy Chief of Police for trial.

He argued that the proceedings violated his right to an independent and impartial tribunal under section 11(d) of the Charter.

The Supreme Court of Canada dismissed the appeal, holding that section 11 does not apply to police disciplinary proceedings because they are neither criminal in nature nor involve true penal consequences, such as imprisonment.