Plaintiff's expert

The plaintiff landlord claimed $425,000 for breach of a commercial lease but was awarded only $5,719.37 at trial.

In this costs decision, the plaintiff sought full indemnity costs of over $73,000, arguing complexity and a lease clause.

The defendant argued it was the successful party, having offered a settlement close to the final award, and sought costs in its favour or no costs for the plaintiff.

The court applied Rule 57.05(1) due to the judgment being within Small Claims Court jurisdiction, finding the case not complex enough to warrant Superior Court costs.

The court also noted the plaintiff's unreasonable refusal of a reasonable settlement offer and the defendant's deficient offer.

Ultimately, the court exercised its discretion to order no costs to be paid by or to either party.

The plaintiff corporation sued its real estate agent and brokerage for breach of fiduciary duties arising from the sale of a commercial property.

The court found that the agent acted as an undisclosed dual agent, failed to provide required written disclosure under the Real Estate and Business Brokers Act Code of Ethics, failed to recommend a counter-offer, failed to disclose material information relevant to the transaction, and failed to strongly encourage independent legal advice before execution of the agreement.

The court held that these breaches deprived the seller of an opportunity to negotiate a better deal and constituted a breach of fiduciary obligations owed by a real estate agent to a client.

Although the plaintiff could not prove damages from an improvident sale, the agent had no contractual entitlement to a commission and, in any event, forfeited the commission due to the fiduciary breaches.

The defendants were ordered to return the commission plus prejudgment interest.