Qiang Li Cao

This is a costs endorsement on appeal from a Superior Court decision.

The Court of Appeal awarded costs to the respondents on a partial indemnity basis in the amount of $10,000, inclusive of disbursements and relevant taxes.

The appellant appealed a summary judgment decision dismissing its claim against the City of Markham and Markham Public Library.

The trial judge found that the operative contract terms permitted the respondents to terminate the agreement without cause on 30 days' notice, and that the respondents exercised this right in good faith.

The Court of Appeal found no error in the trial judge's contractual interpretation or factual findings and dismissed the appeal.

The court also rejected allegations of procedural unfairness and declined to grant leave to appeal the costs order.

The appellant sought to set aside a Registrar's order dismissing its appeal for delay.

The respondent City consented to setting aside the dismissal but sought security for costs as a condition.

The appellant opposed the security for costs order, arguing it was impecunious and that the appeal had merit.

The court considered whether the appeal was frivolous and vexatious, whether the appellant was impecunious, and the merits of the appeal.

The court found the appeal was not frivolous and vexatious, the appellant was impecunious, and while the appeal had little chance of success, ordering security for costs would effectively prevent the appeal from proceeding.

The court dismissed the motion for security for costs and set aside the Registrar's dismissal.