Mohammed Nayef

This is a costs endorsement following a judgment in favour of the plaintiff.

The plaintiff sought costs on a partial indemnity basis up to trial preparation and substantial indemnity for trial preparation and trial.

The defendants argued for a cap on costs, asserting the Small Claims Court Act should apply due to the damages awarded being below the Small Claims Court limit.

The court found that the action, brought under simplified procedure in the Superior Court, was not subject to the Small Claims Court Act's cost cap.

The court awarded substantial indemnity costs for trial preparation and trial, and partial indemnity for earlier proceedings, due to the defendants' reprehensible conduct, including deliberate departure from approved building plans, failure to comply with interim court orders, and improper conduct during trial.

The total costs awarded to the plaintiff were $110,000.

The plaintiff sued his neighbours for nuisance and the tort in Rylands v. Fletcher due to water and debris migration from their property onto his.

The defendants had built their property in deliberate disregard of city-approved plans, leading to improper roof slope, downpipe placement, grading, and retaining wall construction.

The court found the defendants liable for nuisance, awarding the plaintiff compensatory damages for property repairs and general damages for loss of enjoyment.

A mandatory injunction was issued requiring the defendants to undertake specific remedial construction to abate the nuisance.

Punitive damages were denied as disproportionate given the injunctive relief.