Ryan J. Atkinson

The appellants sought a panel review of a single judge's decision dismissing their motion for an extension of time to perfect their appeal.

The underlying action against Dominion Lending Centres Inc. and others for alleged mortgage fraud was dismissed by the Superior Court as frivolous, vexatious, and an abuse of process.

The appellants argued the single judge dismissed the motion solely on procedural grounds without considering the merits.

The Court of Appeal rejected this argument, noting the single judge explicitly found the grounds of appeal devoid of merit and the lower court's reasons cogent.

The motion for panel review was dismissed with costs.

The parties settled a construction lien dispute regarding painting work for $30,000, but could not agree on costs.

The defendants' offer to settle did not explicitly mention costs.

The plaintiff sought costs up to the date of the offer's acceptance under Rule 49.07(5)(a), while the defendants argued they were entitled to costs because the plaintiff delayed acceptance until after motion preparation was done.

The court found the plaintiff was entitled to costs on a partial indemnity basis, as the offer was never withdrawn and the defendants were not successful in the litigation.

The court awarded the plaintiff $8,500 in costs.