Robin A. Lepere

Following the dismissal of the plaintiff's claim at trial, the successful defendants sought substantial indemnity costs.

The plaintiff conceded that substantial indemnity costs were warranted due to unsuccessful fraud allegations but disputed the quantum and whether the litigation administrator should be personally liable.

The court fixed costs at $45,000 for the Jolicouers and $55,000 for Debra.

The court ordered the litigation administrator to be personally liable for 67% of the costs, representing the portion incurred after the deceased's death when she continued the litigation for her own benefit, with the estate liable for the remaining 33%.

The plaintiff contractor sued the defendant municipality for damages after its bid for a municipal contract was rejected unopened.

The municipality rejected the bid pursuant to a by-law prohibiting bids from contractors involved in active litigation with the municipality (a reprisal policy).

The court held that the reprisal policy was an implied term of the tendering contract (Contract A) based on the presumed intention of the parties and the need for business efficacy.

Consequently, the plaintiff's bid was non-compliant, and the municipality did not breach the contract by rejecting it.

The plaintiff estate administrator brought an action alleging that the deceased's daughter, acting as power of attorney, fraudulently transferred the deceased's farm properties to another daughter and son-in-law in 1997.

The court found no evidence of fraud or conspiracy, concluding that the deceased had authorized the transfers.

The court also held that any claim for the unpaid balance of the purchase price was barred by the 15-year ultimate limitation period under the Limitations Act, 2002.

The defendants' counterclaim regarding the severance of a joint tenancy was also dismissed.