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Appellant awarded $25,000 in costs for successful appeal below.
Following a successful appeal from a Superior Court judgment, the Court of Appeal determined costs for the proceedings below.
After reviewing both parties' submissions, the court awarded costs of $25,000, inclusive of HST and disbursements, to the appellant, payable forthwith.
The appeal was allowed because the trial judge improperly relied solely on ambiguous pleadings.
The Court of Appeal for Ontario allowed the appeal of Danjing Han, setting aside a trial judgment that had awarded the respondents $302,000 for civil deceit and unjust enrichment.
The appellate court found that the trial judge erred in relying solely on admissions in the Statement of Defence to establish liability, without making any factual findings or determining the elements of the causes of action.
The court concluded that the admissions did not amount to admissions of liability and that the respondents had not met their burden of proof.
