Genevieve Plummer

In an endorsement regarding costs for an appeal, cross-appeal, and related motions, the Court of Appeal found the bills of costs filed by both counsel to be exorbitant and unhelpful.

The court made a single award of costs, fixing them at $7,000 inclusive of disbursements and GST, payable to the respondent.

The parties lived in a common law relationship for seven years, during which the respondent performed extensive maintenance and renovation work on properties owned by the appellant.

After separation, the trial judge awarded the respondent compensation for unjust enrichment regarding one property and a 50 percent resulting trust interest in the profits from the sale of another property based on a joint venture agreement.

The Court of Appeal dismissed the appellant's appeal and the respondent's cross-appeal, finding no palpable and overriding error in the trial judge's factual findings, but varied the prejudgment interest calculation for the resulting trust property to run from the date of its sale.