Ron E. Folkes

Following a trial where the plaintiff obtained judgment on a promissory note and successfully defended a counterclaim alleging fraud, the court determined costs.

The plaintiff and its principal were awarded substantial indemnity costs of $115,530.26 because the plaintiff beat its Rule 49 offer to settle and the defendants made unfounded, seriously prejudicial allegations of fraud.

The third-party real estate broker and his brokerage, who also successfully defended the counterclaim, were awarded partial indemnity costs of $60,047.28, as there was no clear finding of reprehensible conduct against them to justify elevated costs.

Maple Lodge Farms was convicted of twenty counts of violating the Health of Animals Act and Regulations by failing to prevent undue suffering of chickens during transportation through inadequate protection from adverse weather and insufficient ventilation.

Between December 2008 and April 2010, over 25,450 chickens died during transport or upon arrival at the facility.

The corporation received a fine of $80,000 on two representative counts and a three-year suspended sentence with probation on the remaining eighteen counts.

The probation order required the corporation to expend a minimum of $1,000,000 on capital improvements to trailers, holding facilities, and transportation procedures, with oversight by an independent expert and the Canadian Food Inspection Agency.

Maple Lodge Farms Ltd. was charged with two counts of transporting animals in a manner likely to cause undue suffering due to undue exposure to weather, contrary to section 143(1)(d) of the Health of Animals Regulations and section 65(1) of the Health of Animals Act.

Count 7 involved the transportation of 9,576 broiler chickens on December 30-31, 2008, with 711 birds (7.4%) found dead on arrival.

Count 34 involved the transportation of 10,944 spent hens on February 23, 2009, with 1,181 birds (10.8%) found dead on arrival.

The Crown alleged that inadequate protection from cold and wet weather conditions caused undue suffering and death.

The defendant argued it followed standard operating procedures and industry practices.

The court found the defendant guilty on both counts, determining that the defendant failed to take all reasonable steps to prevent the prohibited acts, particularly through failures in monitoring, training, and adherence to industry guidelines.

Following a successful motion by the applicant in matrimonial litigation to add additional parties, the court addressed costs on written submissions.

The respondents and proposed respondents had vigorously opposed the motion to add parties and argued that each party should bear their own costs or that costs should be reserved to the trial judge.

Applying Rule 24 of the Family Law Rules and the principles governing costs articulated in Fong v. Chan, the court held that the successful party was presumptively entitled to costs.

The court found the applicant wholly successful and awarded substantial indemnity costs, subject to proportionality considerations and adjustments to the claimed amount.

Costs totalling $43,586.07 were fixed and apportioned among the former husband and the newly added parties.