Trent Michael Howard

The successful respondents in two applications sought their costs, arguing for substantial indemnity based on offers to settle that effectively invited capitulation.

The court declined to award substantial indemnity costs, noting that an offer to capitulate is not an offer of compromise and there was no egregious conduct.

Costs were awarded on a partial indemnity scale and fixed at $20,000, inclusive of HST and disbursements, having regard to proportionality and the factors in Rule 57.01.

The applicants sought leave to appeal an arbitrator's Partial Award on questions of law pursuant to section 45(1) of the Arbitration Act, or alternatively to set aside the award pursuant to section 46(1)6 on grounds of unequal treatment.

The arbitrator had awarded damages to the respondents in a commercial dispute arising from a share purchase agreement.

The court found that the arbitration agreement contained a clear bar to appeals on questions of law, making an appeal impossible.

The court also found that the applicants had failed to raise any pure questions of law.

The applicants' application was dismissed, and judgment was entered in favour of the respondents in accordance with both the Partial Award and Final Award.

The appellant sought to overturn an application judge's order enforcing a settlement agreement concerning estate matters, including jointly held bank accounts.

The Court of Appeal applied a two-step test to determine if an agreement to settle existed and if it should be enforced.

The court found no palpable and overriding error in the application judge's finding that a clear, unequivocal, and unambiguous settlement had been reached and should be enforced.

The appeal was dismissed, and costs were awarded to the respondent.

The defendants brought a motion for leave to appeal an order made by Madam Justice L.C. Sheard on April 6, 2020.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the plaintiffs in the amount of $4,000.