Brent A. Mendiola

The plaintiff brought a motion to strike the defendants' statement of defence due to the nonpayment of previous costs awards totaling $25,700.

On the eve of the hearing, the parties settled the motion, leaving only the issue of costs to be decided.

The plaintiff sought costs of approximately $15,000 on a substantial indemnity basis, while the defendants argued for $2,500 to $3,500.

The court found the motion was unnecessary and caused by the defendants' failure to pay prior awards, but reduced the plaintiff's claimed hours for an articling student.

Costs were fixed at $6,000 inclusive of HST and disbursements.

The applicant brought an application for the partition and sale of a property co-owned with his brother.

The brother brought a cross-application claiming a 77% ownership interest based on a constructive trust, arguing that a $120,000 payment from their mother used to pay down the mortgage was a gift to him.

The court found that the $120,000 payment was a loan to both brothers, not a gift to one.

The court declared the brothers to be 50:50 owners, ordered the partition and sale of the property, and directed that the mother have a first charge of $120,000 on the net proceeds to repay the loan.

The applicant brought an application for the partition and sale of a property co-owned with his brother.

The brother brought a cross-application claiming a 77% ownership interest based on a constructive trust, arguing that a $120,000 payment from their mother used to pay down the mortgage was a gift to him.

The court found that the $120,000 payment was a loan to both brothers, not a gift to one.

The court declared the brothers to be 50:50 owners, ordered the partition and sale of the property, and directed that the mother have a first charge of $120,000 on the net proceeds to repay the loan.