Clint H. Culic

The plaintiff successfully brought a motion to enforce a settlement agreement after the defendants resiled from it due to 'buyer's remorse'.

The plaintiff sought costs of the motion on a substantial indemnity basis.

The court reviewed the factors under Rule 57.01(1) of the Rules of Civil Procedure, noting the defendants' conduct unnecessarily lengthened the proceeding and the motion was entirely unnecessary but for their actions.

The court awarded the plaintiff costs fixed at $21,260.74, representing full indemnity.

The appellants appealed a decision granting the respondents relief from forfeiture and cancelling a municipal tax sale of their farm.

The respondents had failed to pay property taxes, and the township initiated a tax sale.

After tenders were opened but before the sale was finalized, the respondents offered to pay the full cancellation price.

The municipal treasurer refused, believing she had no discretion to cancel the sale once tenders were opened.

The Court of Appeal dismissed the appeal, holding that under subsection 12(6) of the Municipal Tax Sales Act, the treasurer retains the discretion to cancel a tax sale at any time up to the registration of the tax deed.

The respondents failed to pay property taxes on their family farm, leading the appellant township to initiate a tax sale under the Municipal Tax Sales Act.

After tenders were opened but before the tax deed was registered, the respondents offered to pay the full cancellation price.

The municipal treasurer refused, believing she had no discretion to cancel the sale once tenders were opened.

The application judge cancelled the tax sale, finding the treasurer failed to exercise her discretion under s. 12(6) of the Act.

The Court of Appeal dismissed the appeal, confirming that a municipal treasurer retains the discretion to cancel a tax sale at any time up to the registration of the tax deed.