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The Court of Appeal ordered the appellant to pay the respondent $27,500 in all-inclusive trial costs.
This is a costs endorsement following an appeal from a trial judgment.
The Court of Appeal, having previously issued reasons on May 27, 2019, invited the parties to make submissions regarding the costs of the trial.
After reviewing the parties' written submissions, the court ordered that the appellant Buckingham Properties Inc. pay to the respondent Pita Royale Inc. o/a Aroma Taste of the Middle East its costs of the trial in the all-inclusive amount of $27,500.
The Court of Appeal reduced conversion damages for illegal distraint and set aside the corporate principal's personal liability.
Appeal from a trial judgment concerning improper termination of a commercial restaurant lease and illegal distraint of chattels.
The trial judge found the lease termination proper but the distraint illegal, awarding conversion damages of $58,190.74, punitive damages of $10,000, and costs.
The appellate court allowed the appeal in part, reducing conversion damages to $18,539.71 after careful analysis of which items were properly subject to distraint, upheld the punitive damages award, set aside personal liability of the corporate principal, and remitted the costs issue for written submissions.
