Christina Bowman

The applicant and respondent, two brothers, were involved in an arbitration regarding the separation of their trucking businesses.

The arbitrator appointed an inspector to investigate the respondent's conduct and potential unequal benefits.

On this motion, the court affirmed the arbitrator's jurisdiction to appoint an inspector for parties to the arbitration agreement.

The court also appointed an investigative receiver to sell the business and investigate the respondent's transactions, including those involving a non-party, Motion Transport Ltd. The applicant's proposed receiver was appointed due to a potential conflict with the respondent's choice.

Following the dismissal of the plaintiffs' motion and the granting of the defendants' cross-motion to discharge a caution on a residential property, the defendants sought costs.

The defendants claimed they were entirely successful and that the plaintiffs' motion was unreasonable.

The court agreed the defendants were entitled to costs on a partial indemnity basis, rejecting the request for substantial or actual indemnity costs due to a lack of evidentiary support regarding the plaintiffs' conduct.

The court fixed the costs at $8,000, noting that the 59.2 hours billed by five lawyers, a student, and a clerk was excessive for the motion.