Matthew Kim

Following the dismissal of the applicants' application to enforce a Buyer's Representation Agreement, the successful respondent sought partial indemnity costs of $38,293.35.

The applicants challenged the hourly rates, expert fees, and time claimed.

The court found the hourly rates and expert fees reasonable, but deducted time spent on case conferences related solely to the respondent's witnesses' availability.

The applicants were ordered to pay $35,000 in costs.

The moving party, former counsel for the applicant, brought a motion for a charging order pursuant to section 34 of the Solicitors Act for unpaid legal fees.

The applicant opposed the motion, arguing there was no evidence to justify the order.

The court applied the three-part test for a charging order and found that the property was preserved through the law firm's instrumentality and that the applicant had no intention of paying the outstanding fees.

The motion was granted and costs were awarded to the moving party.

At a case management hearing, the court provided procedural directions for an upcoming two-day trial.

Due to COVID-19 travel restrictions, the respondent's father, residing in Ukraine, was unable to travel to Canada.

The court ordered a hybrid trial, allowing the father to testify via video while other witnesses would testify in person, subject to courtroom availability and pandemic restrictions.