Ben Fulton

Following a 14-day trial arising from a dispute over membership and control of an unincorporated association and related property, the successful plaintiffs sought costs against the unsuccessful defendants.

The court applied s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, rejected attempts to shift liability to the association itself, and found that some defendants had lengthened the proceeding through unsupported allegations, disclosure failures, hearsay, and improper attempts to file new evidence on costs.

A self-represented plaintiff was denied a per diem claim for trial attendance but recovered limited proven legal fees.

A purported 2017 settlement document was held not to qualify as a Rule 49 offer.

Costs of $2,480 were awarded to one plaintiff against four defendants jointly and severally, and costs of $47,499.55 were awarded to two represented plaintiffs against three defendants jointly and severally.

This trial concerned governance of an unincorporated association, disputed terminations of membership, and control over a 16-acre association property.

The court held it had jurisdiction to intervene because the dispute engaged proprietary and contractual rights connected to the property, distinguishing the voluntary-association principles in Aga.

The purported termination of members and subsequent efforts by the 2010 board to control or sell the property were found inconsistent with the association's Constitution, unsupported by reliable evidence, and beyond the board's expired mandate.

The court found there were no current members because dues had not been paid for years, dismissed the defendants' claims in full, and ordered a process for new or restored memberships, an AGM, election of a new executive board, and a temporary prohibition on transfer or encumbrance of the property pending completion of that process.