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Costs reduced despite substantial success due to conduct and unsuccessful issues.
Following a family law motion concerning guideline child support and interim disbursements, the court determined the issue of costs.
The moving party was successful in obtaining retroactive set-off guideline child support but unsuccessful on a request for interim disbursements and costs.
Applying Rule 24(11) of the Family Law Rules, the court found the moving party was substantially successful and entitled to costs on a partial indemnity basis.
However, the claimed costs were reduced due to time spent on unsuccessful issues and concerns about the moving party’s evidence regarding refinancing of a business.
The court ultimately reduced the requested amount and awarded a lump sum costs award.
Occupiers breached statutory duty by failing to salt icy driveway; mere knowledge of risk is not volenti.
The respondent was seriously injured when he slipped and fell on the icy parking area of a rural farmhouse rented by the appellants.
The parking area had not been salted or sanded, which the appellants argued was consistent with local custom.
The respondent sued for damages under the Occupiers' Liability Act.
The trial judge found the appellants liable, and the Court of Appeal dismissed their appeal.
The Supreme Court of Canada dismissed the appeal, holding that the appellants breached their statutory duty of care under s. 3(1) of the Act by doing nothing to make the premises reasonably safe.
The Court further held that the respondent's mere knowledge of the icy conditions did not mean he willingly assumed the legal risks under s. 4(1) of the Act, which preserves the strict volenti non fit injuria doctrine.
