Philip Cornish

The appellant abandoned her appeal on the eve of the hearing after the respondents had delivered responding materials in an estate accounting dispute.

The court applied r. 61.14(3) of the Rules of Civil Procedure and held that the respondents were entitled to their costs of the abandoned appeal.

The respondents' motion for leave to cross-appeal the application judge's discretionary costs award, seeking full indemnity costs, was denied because no reversible error was shown and the elevated scale was not justified.

The appellant was awarded costs of the cross-appeal motion, set off against the appeal costs, leaving a net amount payable to the respondents.

The petitioner requested a review of a Tribunal decision that rescinded a $1,500 allowance previously ordered in his favour.

The allowance had originally been conditional on the petitioner signing a release for potential erosion and pollution damages, which he subsequently refused to sign.

The Tribunal denied the request for review, finding no error of law or fact in its previous decision and noting it lacked jurisdiction to award damages for insufficient outlet.