Audrey-Anne Delage

This costs endorsement follows the Court of Appeal’s decision allowing the appellants’ appeal in part.

The court found that the trial judge erred in requiring Mak Mera Limited to repay US$405,000 and in awarding $200,000 in defamation damages to James Bay Resources Limited.

The appellants were awarded costs of the appeal and, after submissions on trial costs, the court awarded the appellants $400,000 in trial costs, payable by James Bay, as a fair and proportionate amount in light of the appeal outcome and the parties’ relative success.

This appeal arose from a dispute between James Bay Resources Limited and Mak Mera Nigeria Limited regarding two agreements for oil and gas consulting services in Nigeria, as well as a claim for defamation.

The trial judge had ordered Mak Mera to repay US$405,000 in service fees, characterizing them as advances, and awarded James Bay $200,000 in defamation damages.

The Court of Appeal allowed the appeal, finding that the trial judge erred in her contract interpretation because the monetary payments were unconditional fees for services rendered, not repayable advances.

Additionally, the court reduced the defamation damages to a nominal award of $1,000 because the substantial award was unsupported by the evidence.

The respondents moved to quash an application for judicial review brought by Ontario Place for All Inc. regarding the redevelopment of Ontario Place's West Island.

The respondents argued that the newly enacted Rebuilding Ontario Place Act, 2023 exempted the project from the Environmental Assessment Act, making the application moot or bound to fail.

The single judge of the Divisional Court declined to quash the application, finding that the issues raised significant public law concerns regarding governance and environmental protection that warranted consideration by a full panel of the Divisional Court.