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Successful plaintiffs awarded partial indemnity costs after complex multi‑issue litigation.
The successful plaintiffs sought costs following litigation against a municipal defendant.
The court assessed the reasonableness of counsel’s hourly rate and time spent, noting that the defendant did not dispute either and that the matter involved numerous complex factual and legal issues.
The court also noted the absence of any settlement offers and the cooperative conduct between counsel during the litigation.
Applying the general rule that costs follow the event, the court awarded costs on a partial indemnity basis.
Successors in title can enforce a municipality's perpetual contractual obligation to maintain a drainage system.
The parties brought a motion to determine a Special Case regarding a 1953 agreement between the former Township of Thurlow and the plaintiffs' predecessor in title.
The agreement required the municipality to perpetually maintain a drainage system.
The court found that the plaintiffs, as successors in title, could enforce the positive covenant against the original covenantor (the amalgamated City of Belleville) despite a lack of privity of contract.
The court also dismissed the City's defences based on public policy, inadequate property description, lack of reliance, limitation periods, and laches.
