Steven W. Pettipiere

Following the respondent's complete success on the application, the court determined the quantum of costs payable by the applicant.

The respondent sought costs but failed to deliver a Bill of Costs, and the applicant argued the respondent's Costs Outline showed exorbitant and duplicated time logged by multiple professionals.

Applying the principle that costs must be within the reasonable expectation of the losing party, the court agreed with the applicant's complaints regarding excessive time charges and fixed the respondent's partial indemnity costs at $15,000 all inclusive.

The applicant brought an application to enforce a settlement agreement for the transfer of shares in a company holding Tim Hortons franchise licenses.

The respondent estate trustee refused to sign the closing documents, arguing her former solicitor lacked authority to agree to the $10,000 purchase price and that essential terms were missing.

The court found that the solicitor had apparent authority to negotiate the agreement and that a binding contract was formed.

The court declined to set aside the agreement, noting the $10,000 price was commercially reasonable given the franchisor's valuation of the business and outstanding debts.

The application was granted and the respondent was ordered to execute the transfer.