Peter Best

The appellant appealed a trial judgment regarding a dispute over a duty owed by a workers' compensation representative and the commutation of a percentage of non-economic loss.

The Court of Appeal dismissed the appeal, finding that the trial judge made no errors in fact or law, and that all elements of the duty owed by the respondent were met.

Costs were fixed at $5,000.

Following an appeal where the appellants achieved substantial success and the trial judgment was varied, the Court of Appeal issued an addendum on costs.

The court upheld the trial judge's assessment of motion costs at $11,143.49 in favour of the respondent and awarded the respondent her trial costs on a party-and-party basis, fixed at $9,000.

The appellants were awarded their appeal costs, fixed at $4,000.

The net costs payable to the respondent were fixed at $16,143.49.

The appellants (tenants) appealed a trial judgment regarding a commercial lease dispute with the respondent (landlord).

The Court of Appeal upheld the trial judge's finding that a 1992 agreement was a renewal of a 1987 lease, triggering the tenants' obligation to pay property taxes and insurance premiums.

However, the Court found the trial judge erred in placing the burden of proof on the tenants to show the insurance premiums were improperly charged.

Because the landlord failed to prove the insurance coverage obtained matched the lease requirements, the Court deducted $17,116.88 from the amount owed by the tenants.