Craig M. Bater

Following a trial regarding adverse possession where the respondents were completely successful, the parties made written submissions on costs.

The respondents sought substantial indemnity costs based on offers to settle, while the applicants argued the case was novel and no costs should be awarded.

The court rejected the applicants' argument, finding the case was a classic adverse possession dispute.

The court awarded the respondents partial indemnity costs fixed at $53,605.26, inclusive of disbursements and HST.

The plaintiff brought a motion for a certificate of pending litigation regarding a terminated agreement of purchase and sale for commercial property.

The plaintiff had failed to close the transaction due to a lack of funds and waived tender, resulting in the forfeiture of its deposits.

The plaintiff subsequently alleged that the defendant failed to disclose unrelated litigation in Quebec, arguing this non-disclosure kept the agreement alive.

The court found the Quebec litigation irrelevant, determined the property was not unique, and concluded damages would be an adequate remedy.

The motion was dismissed.

The plaintiffs claimed damages for breach of a written contract to purchase a yacht.

The defendant argued that he and the deceased plaintiff had verbally agreed to waive performance of the written contract and instead entered into a month-to-month rental agreement.

The court applied section 13 of the Evidence Act, requiring corroboration of the defendant's evidence against the deceased's estate.

The court found sufficient circumstantial evidence corroborating the defendant's version of events, concluding that the parties had mutually waived performance of the written contract.

The plaintiffs' action was dismissed.

Following a two‑day motion concerning interim relief in an estate-related civil action, both parties sought costs after investing substantial legal resources in preparing and arguing the motion.

The court determined that most of the legal work related to investigating the merits of the underlying claims and would be more appropriately treated as costs in the cause.

However, the moving party achieved limited success by obtaining interim recovery of personal property and a certificate of pending litigation relating to land.

The court therefore awarded modest partial costs for those aspects of the motion while declining to award the broader costs sought by either side.

Additional submissions regarding an alleged lien on the vehicle were refused, and security in the amount of $35,000 was ordered to be paid into court pending resolution of the action.