Stephen Dyment

The successful defendants sought their costs of the trial.

The court found that the plaintiff's conduct throughout the litigation was egregious and reprehensible, including forging a signature and improperly registering notices on title to delay the sale of a property.

As a result of this malicious and unreasonable conduct, the court awarded the defendants their costs on a substantial indemnity basis.

The plaintiff brought an action claiming a 50% partnership or beneficial interest in a residential property purchased by the defendant Kats.

The plaintiff alleged they had an oral agreement to share the down payment and carrying costs equally.

The court found the plaintiff failed to contribute any funds, fraudulently placed a second mortgage in Kats' name, and breached the purported agreement.

When Kats attempted to sell the property to a bona fide purchaser, the plaintiff improperly registered notices on title to block the sale, despite a court order.

The court dismissed the plaintiff's claims, validated the sale agreement, and awarded the purchaser $35,000 in punitive damages for slander of title due to the plaintiff's malicious conduct.