2 total
Applicant ordered to file amended consent application reflecting merged parcels prior to hearing.
At a second Case Management Conference concerning an appeal of a consent application, the Tribunal found that the Applicant failed to follow previous directions to amend the application after discovering that the subject parcels had merged.
The Tribunal ordered the Applicant to serve and file an amended application reflecting the accurate property features and relief sought by a new deadline, failing which sanctions may be considered.
A Procedural Order and Issues List were also approved for the upcoming hearing.
Substantial indemnity costs awarded after reprehensible litigation conduct and successful Rule 49 offer.
Following a seven‑day construction lien trial in which the plaintiff obtained judgment exceeding its pre‑trial offer to settle, the court determined the appropriate costs award.
The plaintiff sought elevated costs relying on Rule 49.10 and alleged reprehensible litigation conduct by one of the defendants.
The court held that the offer to settle engaged Rule 49.10 and that the defendant’s conduct at trial— including untruthful testimony, refusal to admit obvious facts, late allegations of deficiencies, and unfounded accusations of dishonesty— constituted reprehensible conduct that lengthened the trial.
Substantial indemnity costs were therefore appropriate, subject to reductions for certain law clerk and client‑incurred expenses considered overhead or not recoverable.
The defendants were ordered to pay costs totalling $88,679.30.
