This decision addresses the costs arising from a decade-long, four-action litigation where Romandale Farms Limited was the successful party.
Romandale sought substantial indemnity costs against Fram and Kerbel (and their associated entities).
The court found that Fram and Kerbel's conduct throughout the litigation was "reprehensible and deserving of sanction" including pursuing meritless claims for tactical reasons, making disingenuous arguments, and principals giving false evidence.
The court awarded Romandale substantial indemnity costs of $2,708,651.57, inclusive of fees and disbursements, payable jointly and severally by Fram and Kerbel, finding the amount fair and reasonable given the complexity, stakes, and the losing parties' conduct.
