Jessica Schissler

This is a costs endorsement following the dismissal of an appeal.

The Court of Appeal had previously awarded partial indemnity costs to the respondent father and the appellant's trial counsel, payable by the appellant mother.

As the parties could not agree on the amounts, the court reviewed submissions and fixed the respondent father's costs at $22,500 and the appellant's trial counsel's costs at $10,000, inclusive of disbursements and taxes.

The court rejected the appellant mother's arguments for no costs or nominal costs, finding no circumstances to justify such an award, and noted that her offer to settle on different terms was irrelevant to the costs determination.

The plaintiff purchaser brought a motion under Rule 45.02 for an order requiring the defendant vendor to pay into court the deposit from an aborted real estate transaction.

The transaction failed to close because the vendor did not complete required electrical upgrades.

The plaintiff mistakenly signed a mutual release directing the deposit to the vendor, and the vendor's agent disbursed the funds.

The court found the plaintiff met the test for Rule 45.02, establishing a claim to a specific fund, a serious issue to be tried regarding the mistaken release, and that the balance of convenience favoured preserving the remaining $175,000 held by the vendor.

The moving parties brought a motion for leave to appeal from an order of the Local Planning Appeal Tribunal.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $18,000 to each of the responding municipalities.