Sanjin (Sonny) Kovacevic

This endorsement addresses the issue of costs following the settlement of an application to assess a legal account.

The Applicant had made an Offer to Settle in February 2020, which the Respondent purported to accept in June 2024, after having already consented to the assessment in May 2024.

The court found that the Offer to Settle did not explicitly provide for the disposition of costs, thus entitling the Applicant to costs under Rule 49.07(5) of the Rules of Civil Procedure.

Despite the Applicant's claim for over $8,000, the court deemed this excessive and disproportionate, ultimately awarding the Applicant $4,000 in partial indemnity costs, to be set off against any amount the Applicant might owe the Respondent after the assessment.

The court criticized the Respondent's unreasonable delay in consenting to the assessment.

The defendants/appellants brought a motion for a stay of a writ of possession pending appeal, following previous unsuccessful attempts to challenge a judgment granting judgment on a second mortgage and striking their defence.

The Court of Appeal dismissed the motion for a stay, finding the underlying appeal meritless and that the balance of convenience favored the respondents.

The court also addressed the issue of costs, noting concerns about multiple counsel representing parties with identical interests.