Eric O. Gionet

The appellants appealed a costs award of $60,267.39 made against them following the dismissal of their $50,000 claim under the simplified procedure.

The Divisional Court allowed the appeal, finding that the trial judge erred by failing to apply the principle of proportionality and by focusing on the expectations of the winning party rather than the reasonable expectations of the losing party.

The costs award was reduced to $40,000 inclusive of disbursements and GST.

The respondent constructed a dock without a building permit and was charged under s. 8(1) of the Building Code Act thirteen months after completion.

The trial judge and summary conviction appeal judge dismissed the charge, finding it was barred by the one-year limitation period in s. 36(8).

The Crown appealed, arguing the limitation period should run from the date of discovery and that the offence was a continuing one.

The Court of Appeal dismissed the appeal, holding that the discoverability principle did not apply to this specific statutory limitation period and that the offence was complete upon the conclusion of construction, not a continuing offence.