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The successful plaintiffs in a property deficiency trial were awarded $20,000 in costs after consideration of Rule 57.01 factors.
This endorsement addresses the costs arising from a trial where the plaintiffs were largely successful in their claims regarding property deficiencies against the defendants.
The court considered the parties' offers to settle, which did not trigger Rule 49, and applied the principles of Rule 57.01 of the Rules of Civil Procedure.
Factors such as the plaintiffs' greater success, the relative straightforwardness of the proceeding, and the parties' conduct in shortening the trial were weighed.
The court found the plaintiffs' claim for costs reasonable, with a modest reduction due to their partial success, and ordered the defendants to pay $20,000.00 inclusive of HST and disbursements.
The court ordered the vendors of a newly built home to pay for a missing retaining wall and basement water damage.
The plaintiffs purchased a home from the defendants and subsequently discovered several deficiencies, including a missing retaining wall for a newly built shop driveway and significant water leakage in the basement.
The plaintiffs sought damages for these deficiencies and punitive damages.
The court found the defendants liable for the costs of constructing the retaining wall, applying the doctrine of rectification or contract interpretation, and for the basement water damage under the Ontario New Home Warranties Plan Act.
Other claims for deficiencies and punitive damages were dismissed.
