The appellant, a non-party principal of the plaintiff construction company, appealed a trial judge's order making him jointly and severally liable for approximately $579,000 in costs.
The trial judge found the appellant had engaged in gross misconduct, including lying under oath and forging documents to support an inflated construction lien claim.
The Divisional Court dismissed the appeal, holding that the trial judge properly exercised her inherent jurisdiction to award costs against a non-party whose conduct amounted to an abuse of process.
