Lawrence G. Theall

Following the dismissal of the appellants' appeals, the respondents sought costs of $44,648.23 for the appeal, a fresh evidence application, and two motions.

The Court of Appeal found the requested amount excessive, noting the issues involved and that respondents' counsel had acted throughout the Superior Court proceedings.

The Court fixed total costs at $21,500 on a partial indemnity basis.

The appellants appealed two orders of the motions judge.

The first order dismissed their action and struck their defences to the counterclaim due to their failure to post security and pay outstanding costs awards.

The second order granted judgment to the respondents on their counterclaim, declaring them owners of personal property left in a building.

The Court of Appeal dismissed the appeal, finding no error in the motions judge's exercise of discretion to strike the pleadings, and agreeing that the appellants had intentionally abandoned the property pursuant to an agreement.