3 total
Appeal of Master's decision dismissed with substantial indemnity costs due to prolix and irrelevant materials.
The defendants appealed a decision of Master Kelly.
The Divisional Court dismissed the appeal, finding that the Master correctly applied the law and exercised his discretion.
The court awarded substantial indemnity costs to the responding parties, noting that the appellants filed voluminous, prolix, and largely irrelevant materials, which amounted to an unnecessary onslaught that the responding parties had to defend against.
Costs of the appeal awarded against the appellant on a partial indemnity basis totaling $70,000.
The Court of Appeal for Ontario issued a costs endorsement following an appeal.
Costs were awarded against the appellant on a partial indemnity basis.
The respondents were awarded a total of $70,000, distributed as $20,000 to the plaintiff, $30,000 to one set of defendants, and $20,000 to another set of defendants.
Mortgage postponement agreements set aside due to misrepresentation by bank's sub-agent; original priorities restored.
The Canadian Imperial Bank of Commerce appealed a trial judgment setting aside postponement agreements that had elevated its mortgage to first priority over Maple Valley Acres Limited's mortgages.
The trial judge found the agreements were induced by a misrepresentation made by a sub-agent acting within the scope of his authority for the Bank.
The Court of Appeal upheld the trial judge's findings, confirming the rescission of the agreements and the restoration of mortgage priorities based on misrepresentation and unjust enrichment.
The Court also upheld a Sanderson costs order against the Bank but allowed a cross-appeal by third-party solicitors who had been improperly denied their costs at trial.
