Marc Koplowitz

Echelon Environmental Inc. sought to vary a costs disposition in its favour, requesting substantial indemnity costs after an Offer to Settle, arguing its judgment was greater than the offer.

The target defendant, Jeda Rose Management Inc., opposed this.

The court found Echelon's Offer to Settle lacked clarity regarding pre-judgment interest calculation and that the $2,000 discount from the judgment amount did not fulfill the incentive to settlement under Rule 49.10.

The court exercised its discretion under Section 131 of the Courts of Justice Act, refusing to apply Rule 49.10 and maintaining the original costs award of $22,500.00.

The appellant appealed a decision granting the respondent condominium corporation relief to enforce a parking by-law and rules.

The appellant argued the by-law was invalidly passed, unreasonable, and selectively enforced.

The Court of Appeal dismissed these arguments, finding evidence supported the by-law's validity, reasonableness, and consistent enforcement.

However, the Court allowed the appeal in part regarding the quantum of parking fines, reducing the arbitrary $6,000 award to the proven amount of $2,440.

The appellants appealed a trial judgment that found the respondent was a 25% shareholder in the family cartage business and had been oppressed.

The trial judge had ordered the appellants to buy out the respondent's interest at fair market value without a minority discount.

The Divisional Court dismissed the appeal, finding that the trial judge's findings of fact were reasonable, the remedy showed no error in principle, and the costs award was a proper exercise of judicial discretion.