3 total
Successful defendant awarded partial indemnity costs of $213,850.45 following dismissal of plaintiff's construction claim.
Following a trial where the plaintiff's construction contract claims were dismissed and the defendant was awarded damages on its counterclaim, the court determined costs.
The defendant sought substantial indemnity costs based on an unaccepted offer to settle.
The court awarded partial indemnity costs to the defendant, noting the complexity of the issues, the amount at stake, and the defendant's success, but declined to award substantial indemnity costs because the defendant's counterclaim was only partially successful and poorly documented.
Custodial parent cannot leave access compliance to a resistant child.
On a contempt motion arising from repeated denial of child access, the court considered whether a custodial parent may rely on a 12-year-old child's refusal to attend visits with the access parent.
Applying the contempt test, the court held that an earlier order lacked the clarity required for contempt, but a later order directing a specific drop-off date, time, and location was clear and unequivocal.
The court found beyond a reasonable doubt that the mother deliberately and wilfully failed to comply by leaving the access decision to the child rather than exercising normal parental authority.
A finding of contempt was made, with sanction to be determined later.
Motion to strike granted; judicial review of Mining Recorder's decision statute-barred and a collateral attack.
The applicants sought judicial review of a 1998 decision by a Mining Recorder to register mining claims subject to an aggregate permit.
The Crown respondents brought a motion to strike portions of the application.
The Divisional Court granted the motion, finding that the request to review the Recorder's decision was statute-barred under s. 135 of the Mining Act, which strictly prohibits extensions of time despite the Judicial Review Procedure Act.
The court also held that the application constituted an impermissible collateral attack on the Mining and Lands Commissioner's subsequent appellate decision.
