Unnamed Appraiser

This endorsement addresses costs following a seven-day trial where the Applicant's claims for equalization and support were dismissed, and the Respondent was awarded $75,000 in damages for the Applicant's abusive tortious conduct.

The Respondent, who was completely successful, sought full indemnity costs.

The court considered the Respondent's reasonable offers to settle, which the Applicant dismissively rejected, and the Applicant's unreasonable and oppressive litigation conduct, including withholding evidence, providing false financial information, lying under oath, making baseless allegations, and repeatedly appealing interlocutory decisions.

Finding that the Applicant's conduct warranted an elevated award, the court ordered the Applicant to pay the Respondent $96,856.96 in costs, covering disbursements, professional fees incurred in China, and compensation for the Respondent's self-representation during trial preparation and the trial itself.

The plaintiff, Dantonbury Developments Inc., brought a motion for summary judgment against the defendants for damages arising from a failed residential real estate transaction.

The defendants, self-represented and with limited English, raised several defenses including an alleged bribe, lack of occupancy permit, failure to mitigate by refusing a lower offer, unreasonably low resale price, and false affidavits, as well as a new claim about not knowing a conditional period.

The court dismissed all defenses, finding no triable issue, and granted summary judgment to the plaintiff for damages totaling $374,967.70 plus prejudgment interest, and substantial indemnity costs of $23,500.