Lindsay Poole

This is a costs decision following a summary trial in which the plaintiff's action for 50 percent of the defendant's $301,000 casino jackpot winnings was dismissed.

The action was based on alleged breach of an oral contract, breach of trust, and unjust enrichment.

The defendant sought substantial indemnity costs of $79,750.65, while the plaintiff argued for a reduced award of $25,000.

The court awarded the defendant $40,773.84 in costs, considering factors including the nature of the dispute, the use of two counsel, conduct issues involving a witness, and the principle that costs awards should be fair and reasonable rather than blindly reflecting actual costs incurred.

The Court of Appeal for Ontario dismissed the appeal by Garlicky Mediterranean Grill Inc., finding no error in the application judge’s conclusion that the appellant’s email correspondence did not amount to the exercise of an option to renew the lease.

The court held that the findings below were entitled to deference and awarded costs to the respondent.