Michael S. Stratton

Following a nine-day trial for breach of contract, the court determined costs.

The defendant was awarded damages of $34,730 on his counterclaim, while the plaintiff's claim was determined to be $32,694.

As the defendant was the more successful party, he sought partial indemnity costs.

The court reviewed the parties' offers to settle, finding neither attracted Rule 49.10 consequences.

Applying Rule 57.01(1) and the principle of fixing a fair and reasonable amount, the court awarded the defendant costs fixed at $34,000 all-inclusive.

The parties separated in 2010 after a seven-year relationship.

The mother sought sole custody, child support, and orders regarding jointly owned property, while the father sought joint custody.

The court granted sole custody to the mother, finding she had been the primary parent and the parties had poor communication.

The father was granted specified access and ordered to pay child support of $373 per month, with arrears to be paid from his share of the proceeds from the sale of their jointly owned home.

The court also ordered the father to sign passport applications, required the home to be sold, and ordered the father to reimburse the mother for half the cost of a roof repair.

The mother's requests for a restraining order and mobility rights were dismissed.

A residential home builder commenced an action to recover unpaid amounts under a construction contract and enforce a construction lien.

The homeowners argued that the governing contract price was an earlier quotation and that omitted items generated credits reducing the contract value, and they counterclaimed for deficiencies.

The court found that the binding agreement was the written contract executed by the homeowners after construction commenced, setting the contract price at $725,000 inclusive of GST.

The court rejected the homeowners’ interpretation that “omit” items created credits and held there was no documentary evidence supporting such a claim.

The construction lien was also found to have been registered within the statutory 45‑day period under the Construction Lien Act.

Judgment was granted to the builder subject to a modest deduction for proven deficiencies.