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Court fixes lump‑sum trial costs after successful adverse possession claim.
The court determined costs following a successful adverse possession claim relating to a strip of land used as a driveway between neighbouring cottage properties.
The successful party had made settlement offers and sought recovery of substantial legal fees and disbursements following an eight‑day trial.
Applying Rule 57.01 of the Rules of Civil Procedure and the principles articulated in Davies v. Clarington (Municipality) and Anderson v. St. Jude Medical Inc., the court assessed whether the claimed fees and disbursements were reasonable in light of the complexity of the proceeding, importance of the issues, proportionality, and expectations of the unsuccessful party.
The court accepted certain preparation time and disbursements but reduced the requested trial counsel fees.
Costs were fixed at a lump sum reflecting proportionality and fairness.
Tobacco growers allowed to rent out 80% of marketing quota after anticipated federal buyout program delayed.
The appellants, tobacco growers who did not plant a crop in 2004 in anticipation of participating in a federal quota buyout program, appealed a decision by the Ontario Flue-Cured Tobacco Growers' Marketing Board (OFCTGMB) that allowed them to rent out only 44% of their 2004 marketing quota.
The appellants sought to rent out 100% of their quota after the buyout program was delayed.
The Tribunal found that the OFCTGMB had actively promoted the federal program before details were finalized and did not adequately communicate the risks to growers.
Acknowledging shared responsibility between the OFCTGMB and the individual growers, the Tribunal ordered that the appellants be allowed to rent out 80% of their 2004 marketing quota.
Appeal of damages for breach of equipment rental contract dismissed, save for minor calculation corrections.
The appellant appealed a trial judgment awarding the respondent damages for breach of an equipment rental contract.
The appellant argued the trial judge erred in calculating the hours the respondent would have worked and in failing to credit a prior payment.
The Court of Appeal found no palpable or overriding error in the trial judge's finding of 1000 hours of work, as it was supported by evidence including time cards and witness testimony.
However, the Court agreed the trial judge erred by not crediting a $2,990 payment made for preparation work.
The judgment was varied downward to correct this and a minor arithmetical error, but the appeal was otherwise dismissed.
Tobacco farmers granted kiln conversion rebates after relying on incorrect advice from a marketing board inspector.
The appellants, tobacco farmers, appealed a decision of the Ontario Flue-Cured Tobacco Growers’ Marketing Board refusing to permit them to change their Declarations of 2001 Tobacco Kiln Conversion to reflect 20 additional kilns.
The appellants had purchased the kilns to replace rented ones prior to the announcement of a rebate program, but an inspector incorrectly advised them not to include the new kilns on their declarations.
The Tribunal found that the appellants relied on the detrimental advice of the inspector and that the kilns were eligible for funding under the program guidelines.
The appeal was granted, and the Board was ordered to pay the appellants $1,500 for each of the 20 additional kilns.
