Dagmara W. Wozniak

Following a trial regarding a construction lien for a roof installation, the plaintiff sought $47,167.40 in partial indemnity costs.

The defendant argued for no costs or a nominal amount due to divided success.

The court considered the factors under Rule 57.01 and section 86 of the Construction Lien Act, noting the disproportionate legal fees incurred by both sides relative to the $6,000 net judgment.

Balancing the plaintiff's overall success against the defendant's success on the counterclaim and the principle of proportionality, the court awarded the plaintiff $18,000 in all-inclusive partial indemnity costs.

The plaintiffs brought an action against the estate of their 'grandfather' figure, Gus Sorkos, seeking to enforce an oral agreement made in 1985.

Under the agreement, the plaintiffs provided unpaid labour to maintain the deceased's farm and cottage properties for over 25 years in exchange for his promise to leave them the properties in his will.

The deceased later changed his will, leaving the properties to others.

The court found the oral agreement was corroborated by third-party witnesses and a prior will.

The court held that the plaintiffs' acts of part performance took the agreement outside the Statute of Frauds and applied the doctrine of proprietary estoppel, finding it would be unconscionable to deny the plaintiffs the properties after they had detrimentally relied on the deceased's promises.

The estate was ordered to convey the properties to the plaintiffs.