S. Nanua

This is a costs endorsement following a successful application by the applicants against the respondents regarding a driveway encroachment.

The applicants sought costs on a partial and substantial indemnity basis, having made an offer to settle that was more favourable than the judgment.

The respondents challenged the service of the offer.

The court awarded the applicants $5134.02 in costs, a slight reduction from the amount sought, balancing the entitlement under the Rules of Civil Procedure with considerations of fairness regarding the offer's service.

The applicants brought an application seeking an order that the respondents remove a portion of their driveway that encroached onto the applicants' property.

The respondents did not provide competing survey evidence or legal authorities, but argued for an adjournment to pursue title insurance and mediation.

The court granted the application, finding the encroachment undisputed and the respondents' arguments legally irrelevant, but allowed 120 days for the removal to accommodate the winter season and the title insurance claim.