Colin Campbell

This is a costs decision following a trial of an issue in a construction lien action.

The Torgerson Defendants sought substantial indemnity costs from Bellsam Contracting Limited.

The court found the Torgerson Defendants' overall costs claim excessive and disproportionate, particularly given the limited scope of the trial of an issue.

While acknowledging the Torgerson Defendants' success and their beating an offer to settle, the court significantly reduced the claimed costs, fixing them at $287,500 inclusive of HST and disbursements, payable by Bellsam.

The decision also addressed the recoverability of eDiscovery specialist fees.

The Licence Appeal Tribunal sought leave to intervene in an appeal launched by Birani Homes Limited against a decision directing Tarion Warranty Corporation to pay $300,000 for home foundation and wall replacement.

Birani opposed the intervention, citing concerns about duplication of submissions, lack of unique expertise, and potential prejudice, particularly regarding a reasonable apprehension of bias.

Tarion consented to the intervention.

The court granted the Tribunal intervenor status, limiting its participation to issues concerning the standard of review, the Tribunal's jurisdiction under the Ontario New Home Warranties Plan Act (ONHWPA) regarding year-end and major structural defect claims, and its Rules of Practice and Procedure on adding parties and disclosure.

Intervention on the issue of reasonable apprehension of bias was denied to prevent the Tribunal from appearing to defend its own decision.