Vadim Kats

The appellant appealed a master's order requiring payment of outstanding costs as a condition of avoiding the striking of defences.

The appellant argued that a settlement payment by a co-defendant satisfied joint and several costs awards previously ordered against multiple defendants.

The court held the appeal was properly characterized as relating to costs and therefore required leave under the Courts of Justice Act.

Leave was refused, and the court agreed with the master's reasoning that settlement funds paid before a later costs award could not satisfy that subsequent order.

The appeal was dismissed.

The appellants appealed a trial judgment dismissing their insurance claim against Pembridge for late reporting and awarding only $4,000 in damages against their neighbours, the Aguiars, for nuisance causing water damage.

The Court of Appeal upheld the dismissal against Pembridge, finding the trial judge reasonably concluded the appellants breached the policy by reporting the claim four months late.

However, the Court allowed the appeal regarding damages against the Aguiars, finding the trial judge misapprehended evidence about standing water.

The Court reassessed damages at $12,500.