John Longo

The respondents, who were largely successful in defending a shareholder oppression application, sought costs including substantial indemnity costs from the date of an offer to settle.

The court found that the offer to settle did not trigger Rule 49 consequences because it omitted the applicant's statutory right to audited financial statements, an issue on which the applicant was successful.

The court awarded the respondents partial indemnity costs, reduced by 25% to reflect the applicant's partial success, fixing costs at $75,000.

Following a successful application regarding the interpretation of a commercial contract for the development of a non-profit cemetery, the applicant sought costs of $45,891.90 on a partial indemnity basis.

The respondent argued that no costs should be awarded or, alternatively, that costs should be capped at $20,000.

The court rejected the respondent's arguments against awarding costs, noting the applicant was wholly successful.

Applying the factors under Rule 57.01(1) and the principle of proportionality, the court fixed the applicant's costs at $35,000 inclusive of disbursements and HST.

The applicant, a non-profit corporation, brought an application to interpret an agreement regarding the development and management of a cemetery for the Sunni Muslim community.

The court found that the agreement granted the applicant the right to set its own price list for its designated phase of the cemetery.

Furthermore, the court held that the Care and Maintenance Fund (CMF) contributions under the Funeral, Burial and Cremation Services Act must be calculated based on the applicant's lower price list, and that certificates of interment rights are to be issued as individual plots are transferred, rather than all at once.

The moving party municipality brought a motion for an interlocutory injunction to restrain the responding party from dumping large volumes of fill on its property in contravention of a fill control by-law and a stop work order.

The responding party argued its activities fell under a 'landscaping' exception and that the by-law fees were ultra vires.

The court granted the injunction, finding a serious issue to be tried that the massive volume of fill did not constitute landscaping, presuming irreparable harm to the public interest, and concluding the balance of convenience favoured enforcing the democratically enacted by-law.

Following a trial concerning ownership of a residential property, the successful plaintiff sought costs after obtaining a declaration of a one-half interest in the property.

The court considered a Rule 49 offer to settle under the Rules of Civil Procedure in which the plaintiff had offered to sell her interest for $250,000, which the estate declined.

Evidence of comparable sales indicated the property value exceeded $500,000, meaning the plaintiff achieved a better result at trial.

The court held that Rule 49 consequences applied, awarding partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter.

Costs were ordered against the estate but not against the co-defendant who had assigned his interest before trial.

The plaintiff sought a declaration that she held a beneficial one-half interest in a Toronto property formerly owned by her deceased husband as tenant-in-common with his brother.

The defendants argued the property was held in trust for the brothers’ mother and that the plaintiff only held title as trustee rather than beneficial owner.

After reviewing the family’s financial contributions, tax filings, and historical dealings with the property, the court found no evidence of an express, resulting, or constructive trust in favour of the mother.

The evidence showed the brothers were the true beneficial owners who funded and maintained the property and consistently declared rental income on their tax returns.

The plaintiff therefore succeeded to her late husband’s beneficial half-interest, and the court ordered partition and sale of the property with proceeds divided equally.

The applicant mining company brought an application concerning mining royalty interests subject to contractual rights of first refusal.

After the respondent corporation dissolved and distributed its royalty interests to its principal shareholder, the applicant alleged that the transfer triggered the contractual rights of first refusal contained in two agreements governing mining royalties.

The court held that the dissolution and distribution of assets constituted a “transfer,” “grant,” or other disposition within the meaning of the agreements.

The respondent’s argument that the rights were only triggered by receipt of a bona fide third‑party purchase offer was rejected.

The court declared that the rights of first refusal were breached and granted declaratory and injunctive relief preventing enforcement of the royalty obligations.

During a trial concerning ownership of residential property and whether a resulting or constructive trust existed in favour of an estate, the plaintiff brought a mid‑trial motion seeking production of the deceased’s wills.

The court considered the principles of relevance and admissibility under the Rules of Civil Procedure and common law evidence authorities.

The wills were found to be potentially relevant to the intent of the deceased regarding the property at issue.

The court rejected arguments that family conflict created undue prejudice and held any risk could be controlled in a judge‑alone trial through appropriate weight.

Production of the wills was ordered subject to a confidentiality order sealing them from the public record.