Ryan T. Sills

Following a successful appeal that reversed the trial judgment, the Court of Appeal received written submissions regarding the appropriate award of trial costs.

The court awarded trial costs to the successful appellant in the fixed amount of $25,000, inclusive of disbursements and GST.

The respondent, a real estate appraiser, was disciplined by the appellant professional institute.

He successfully sued the appellant at trial, arguing that the discipline process was procedurally unfair because he was not granted a hearing before the Investigating Committee.

The Court of Appeal allowed the appeal, finding no breach of the implied contractual duty of fairness.

The Investigating Committee's role was merely to recommend charges, not to impose sanctions, and the respondent was given an opportunity to respond in writing during the investigation.