J. Scott Thomson

Following a trial where the plaintiff successfully set aside a fraudulent conveyance based on a forged signature, the plaintiff sought costs.

The court awarded substantial indemnity costs against the defendant who committed the forgery, finding that forging a signature to transfer a home constitutes reprehensible conduct.

Partial indemnity costs were awarded against the other unsuccessful defendants who were not implicated in the forgery.

The plaintiff, Ronald Culbert, sought rectification of title to his property, alleging that his signature on an Acknowledgment and Direction for transfer of title to his mother, Marjorie Culbert, was forged by his brother, Timothy Culbert.

The property subsequently passed to Jessica Culbert (Timothy's daughter) upon Marjorie's death.

The court found that Timothy Culbert fabricated his evidence regarding the signing of the document and concluded that he forged Ronald's signature.

Applying sections 155 and 159 of the Land Titles Act, the court declared the transfer fraudulent and void, ordering rectification of the register to restore Ronald as the beneficial owner.

The court also determined that the defendants could retain income generated from the property during their possession, offsetting their responsibility for expenses, based on proportionality.