Rohit Ramesh Kumar

Following a summary judgment motion where success was divided, the court determined the appropriate costs award.

The parties had previously agreed to cap costs at $20,000 for the successful party.

Finding that the responding party was more successful based on the issues proceeding to trial, the court ordered the moving party to pay costs fixed at $10,000.

This is a costs ruling following a successful application by Halton Standard Condominium Corporation No. 627 to enforce an arbitration agreement and award against the Grandview respondents, and to set aside a solicitors' charging order claimed by Blaney McMurtry LLP.

The applicant sought costs on various scales against both sets of respondents.

The court awarded partial indemnity costs against the Grandview respondents for their failure to comply with the arbitration agreement and award, and partial indemnity costs against Blaney McMurtry LLP as the unsuccessful party regarding the charging order.

The applicant condominium corporation sought to enforce an arbitration agreement and award, which required the transfer of property from the developer respondents free of encumbrances.

The respondent law firm, Blaney McMurtry LLP, opposed this, asserting a valid solicitors' charging order over the same property for unpaid legal fees.

The court considered whether to set aside or vary the charging orders and whether to enforce the arbitration award.

The court found that the charging orders improperly covered property not "recovered or preserved" through the solicitors' work and set them aside as against the transfers to the condominium.

Consequently, the arbitration agreement and award were enforced and incorporated into a judgment.