Tricia Sinclair

The Court of Appeal issued an endorsement regarding costs following an appeal.

The respondents were awarded costs of $10,000 against the appellant Wyndham Street Investments Inc. Although the appellant City of Guelph achieved success on the appeal, the court found its conduct played a key role in fostering the dispute.

Consequently, the City was awarded reduced costs of $3,000 against the respondents.

The appellants appealed a trial judgment that declared a Committee of Adjustment decision a nullity, invalidated a building permit, and awarded damages for nuisance, trespass, and a new roof.

The Court of Appeal upheld the nullity of the Committee's decision due to lack of notice to the respondents.

However, the Court reversed the finding that the building permit was invalid, noting it dealt with building standards rather than land use.

The Court affirmed that the constructed structure did not comply with the original decision or permit, upheld the damages awards for the roof and punitive damages, and dismissed the appellant's counterclaim for adverse possession of the party wall.