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Court awards partial indemnity certification costs and rejects tactical offer-based substantial indemnity claim.
Following certification of a class action concerning an allegedly negligent tax opinion related to a timeshare charitable donation program, the court was required to determine costs of the certification motion after the Court of Appeal reversed the motion judge and certified the action.
The plaintiff sought more than $355,000 including substantial indemnity costs based on an unaccepted offer to settle.
The court rejected substantial indemnity costs, finding the offer tactical and unlikely to be accepted given a serious limitation defence.
Exercising discretion, the court awarded partial indemnity costs totaling $298,582.71, with $150,000 payable in the cause and the remainder payable forthwith.
No costs were ordered against certain third parties who had limited participation in the certification motion.
Judicial review of Joint Board decision approving a quarry in the Niagara Escarpment dismissed as reasonable.
The Niagara Escarpment Commission applied for judicial review of a Joint Board decision granting conditional approval to Walker Aggregates Inc. to develop a quarry in the Niagara Escarpment Plan area.
The applicant argued the Board failed to properly apply the Niagara Escarpment Plan, improperly delegated approval of an Adaptive Management Plan to the Minister of Natural Resources, and erred in assessing noise impacts.
The Divisional Court dismissed the application, finding the Board's decision reasonable, as it correctly applied the relevant planning documents, did not improperly delegate its authority, and reasonably assessed environmental and noise impacts.
