Heather A. Hall

Following a successful appeal by the Estate that dismissed the respondent's constructive trust action, the parties made submissions on the costs of the trial.

The Estate sought costs on a partial or substantial indemnity scale.

The respondent argued she was impecunious and noted the trial judge's undisturbed finding that the deceased intended to benefit her.

The Court of Appeal exercised its discretion to make no costs award for the trial, citing the respondent's financial position and the deceased's unfulfilled but legally unenforceable promise.

The plaintiff and the deceased cohabited for 23 months before the deceased's sudden death.

The deceased had promised to transfer his RRSPs to the plaintiff if they were still living together, but died before changing his will or signing a cohabitation agreement.

The trial judge awarded the plaintiff $1,750,000 based on a constructive trust arising from unjust enrichment.

The Court of Appeal allowed the estate's appeal, finding no unjust enrichment because the benefits the plaintiff received outweighed her contributions.

The court also held that a constructive trust was inappropriate as monetary damages would have sufficed and there was no link between her contributions and the RRSPs.

The parties were involved in an optometry practice that dissolved following the death of one of the partners.

After a 29-day trial, the trial judge found that an 'income partnership' existed, awarded damages for defamation, and made a no costs order.

Both parties appealed.

The Court of Appeal dismissed the appeal and cross-appeal, finding no error in the trial judge's conclusions regarding the nature of the partnership, the defamation findings, or the costs order.