J. Douglas Shanks

The court determined costs following a motion where the Respondent largely succeeded in having a settlement enforced on its terms.

The Respondent sought partial indemnity costs of $12,675.82, while the Applicants proposed $4,000.

The court, applying the principle of reasonableness, found the Respondent's claimed hours excessive for the nature of the motion, which involved interpreting a settlement agreement regarding release terms.

The court awarded the Respondent $5,000.00 plus HST and disbursements of $679.32.

The Applicants sought to enforce Minutes of Settlement but disputed the inclusion of a standard contribution and indemnity clause in the full and final release, arguing it was not part of the negotiation.

The Respondent contended that the clause was standard and that the Applicants failed to disclose a separate action against a surveyor, which would prejudice the Respondent if the clause were excluded.

The court found that a final settlement was reached, and the standard release with the contribution and indemnity clause was appropriate, as the Applicants had an obligation to disclose the separate action if they sought an exception.