Madam Justice J. T. Akbarali

The applicant sought substantial indemnity costs following a successful application for declaratory relief regarding a commercial lease renewal.

The applicant argued that the respondents' unconscionable conduct, which grounded a finding of proprietary estoppel, and a settlement offer justified an elevated costs scale.

The court held that substantial indemnity costs were not warranted, as there was no litigation misconduct and the settlement offer was delivered too late for meaningful consideration.

Costs were awarded on a partial indemnity scale and fixed at $22,500.

The plaintiff moved for summary judgment to enforce a debt arising from an investment agreement and a subsequent guarantee agreement related to a house-flipping project.

The defendants argued the motion was premature and raised concerns about unconscionability, as the wife of the plaintiff's principal, a lawyer, had acted for all parties without advising the defendants to seek independent legal advice.

The court dismissed the motion, finding that the decontextualized affidavit evidence and the absence of evidence from the lawyer created a risk of substantive unfairness, meaning there was a genuine issue requiring a trial.