Gustavo F. Camelino

The defendant sought costs following its successful motion for summary judgment which dismissed the plaintiffs' action as statute-barred.

The defendant claimed $37,691.87 in total costs, while the plaintiffs argued for $22,575.67.

The court reduced the defendant's fees due to duplication of work by senior and junior counsel and disallowed certain disbursements, including computer research charges.

Costs were fixed at $32,802.35 on a partial indemnity basis, payable by the plaintiffs within 60 days.

Following a successful motion for partial summary judgment, the plaintiff sought costs on a substantial indemnity basis.

The court found that the defendants' conduct, which included oppressive actions, breach of fiduciary duty, and failure to cooperate with the court-appointed investigator, warranted an elevated costs award.

The court fixed costs at $170,000, inclusive of disbursements and taxes, payable by the defendants.

The plaintiff, a minority shareholder, previously obtained a judgment setting aside a transfer agreement and declaring a constructive trust over her one-third interest in corporate assets diverted by the defendants.

Following the appointment of an expert to trace the diverted assets, the plaintiff brought a motion for an interim payment under section 248 of the OBCA and Rule 20.

The court found that the defendants had improperly used corporate funds to pay their legal fees and the expert's costs, and had diverted several real estate properties and sale proceeds.

The court ordered the defendants to pay the plaintiff $6,098,427 as an interim payment representing her undisputed one-third interest in the diverted assets and improperly paid expenses.

The appellant and respondent jointly owned a property and had joint debt with an execution creditor.

After the property was sold under power of sale, a surplus remained.

The appellant had filed a consumer proposal, triggering a stay of proceedings under the Bankruptcy and Insolvency Act.

The application judge ordered the execution creditor's debt to be paid from the total surplus before dividing the remainder equally between the appellant and respondent.

The Court of Appeal allowed the appeal, holding that the stay of proceedings precluded the execution creditor from recovering against the appellant's share.

The joint tenancy was severed, and the execution creditor's debt could only be paid from the respondent's 50 percent share of the surplus.

The Regional Municipality of Peel appealed a trial judgment finding it solely responsible for flood damage to the plaintiffs' homes caused by sewer backups during heavy rainfalls in 1995 and 1996.

The Region argued that the City of Brampton's storm sewer system was deficient and contributed to the flooding.

The Court of Appeal dismissed the appeal, upholding the trial judge's finding that the flooding was caused by a failure of the sanitary sewer system, which the Region took over responsibility for in 1974.

There was no evidence that Brampton's storm sewer system was negligently operated or caused the flooding.

The appellants brought an application in Ontario for a declaration that assignments of mining licences relating to Mongolian properties were null and void.

The motion judge stayed the application, finding no real and substantial connection to Ontario.

The Court of Appeal dismissed the appeal, holding that the connection to Ontario was weak and that any declaratory or injunctive order would likely be unenforceable in Mongolia under the rules of private international law regarding foreign land.

The appellant financed insurance premiums for the respondent, taking an assignment of the right to receive any unearned premiums as security.

After the respondent defaulted and obtained CCAA protection, the appellant sought to enforce its security.

The motion judge held that the appellant's security interest was not perfected because it was not registered under the PPSA.

The Court of Appeal allowed the appeal, holding that the assignment of unearned premiums is a transfer of an interest in or under a policy of insurance, which is exempt from PPSA registration under s. 4(1)(c) of the PPSA and s. 138 of the Insurance Act.