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Successful defendants awarded $56,000 in costs after fully defending civil action.
Following the dismissal of a civil action, the successful defendants sought an award of costs.
The court considered the applicable factors under Rule 57.01(1) of the Rules of Civil Procedure, including the reasonableness of the amounts claimed and the principle of proportionality.
The court determined that the defendants were wholly successful in defending the action and were therefore entitled to recover their legal costs.
Costs were awarded on a lump-sum basis inclusive of fees, disbursements, and HST.
Property sale claim failed after buyers waived inspections and proved no damages.
The plaintiffs sued after purchasing commercial premises intended for use as an auto body shop, alleging the defendants breached the agreement of purchase and sale by selling property unsuitable for that use, including a non-compliant spray booth, and by commencing wrongful mortgage litigation.
The court held the agreement was for the sale of property, not a business, expressly disclaimed representations or warranties regarding the lawfulness of future use, and placed inspections and environmental compliance inquiries on the buyers, who waived those conditions.
The court also found the mortgage enforcement proceedings were not wrongful, as the plaintiffs were in default and the defendants ultimately obtained judgment on the vendor take-back mortgages.
The plaintiffs failed to prove any damages with documentation or reliable evidence.
The action was dismissed.
