Melanie Maia

Following a professional negligence trial, the court considered submissions on costs and the applicable rate of pre‑judgment interest.

The court corrected an error in the original reasons, confirming that pre‑judgment interest applied only to the $22,000 award rather than the total $50,000 damages figure referenced in the earlier decision.

It held that the appropriate pre‑judgment interest rate was 5% for the entire pre‑judgment period.

Although the plaintiffs sought more than $278,000 in partial indemnity costs, the court reduced the award after considering that the plaintiffs succeeded only in part and were unsuccessful on several factual allegations.

Applying principles from appellate authority regarding the purpose and reasonableness of costs, the court awarded $150,000 inclusive of taxes and disbursements.

The appellant, a retail tenant, appealed the dismissal of its breach of contract claim against its landlord for failing to provide additional parking spaces.

The trial judge found a breach but concluded the appellant failed to prove the breach caused a loss, as expert evidence showed vacant spaces were available during peak periods.

The Court of Appeal upheld this finding and dismissed the appeal.

However, the Court granted leave to appeal the trial costs order, finding the trial judge erred in using non-Rule 49 offers to offset time spent on an unsuccessful defence.

The Court awarded the respondents $200,000 in trial costs and $30,000 in appeal costs.

The appellant appealed a summary judgment dismissing its action.

The appellant argued that the parties had agreed to renew an existing commercial lease, subject only to agreeing on rent and the term.

The Court of Appeal dismissed the appeal, holding that an agreement missing essential terms such as rent and duration is merely an unenforceable agreement to agree.

The court also noted the appellant failed to comply with the in-writing requirements of the Statute of Frauds.