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Court reduces requested partial indemnity costs in property dispute litigation.
Following a civil action concerning a dispute over the proceeds from the sale of a jointly owned house, the plaintiff obtained judgment for a portion of the claimed amount.
The plaintiff then sought costs of the action on a partial indemnity basis.
The court noted that although there were settlement discussions, none of the offers complied with Rule 49 of the Rules of Civil Procedure and therefore did not justify elevated costs.
While the court accepted the reasonableness of the hourly rate and time spent, it considered the claimed amount somewhat high given the value and nature of the dispute.
The court exercised its discretion and awarded reduced partial indemnity costs.
Court awards half of home sale proceeds to former partner under shared economic partnership.
The plaintiff brought a civil action seeking her share of proceeds from the sale of a house purchased during a relationship with the defendant.
Although title to the property was registered in the name of a third party who agreed to hold it for them due to financing constraints, the evidence established that the parties jointly funded the purchase and mortgage payments.
The court found that the parties operated in a shared economic partnership and each held a 50% beneficial interest in the property.
The defendant received the sale proceeds but failed to prove deductions he claimed for renovation costs, credit card debts, and alleged expenditures on a property in Ghana.
Judgment was granted for half of the proven net proceeds.
