Vipin Sharma

Following a trial where the plaintiff obtained judgment on a promissory note and successfully defended a counterclaim alleging fraud, the court determined costs.

The plaintiff and its principal were awarded substantial indemnity costs of $115,530.26 because the plaintiff beat its Rule 49 offer to settle and the defendants made unfounded, seriously prejudicial allegations of fraud.

The third-party real estate broker and his brokerage, who also successfully defended the counterclaim, were awarded partial indemnity costs of $60,047.28, as there was no clear finding of reprehensible conduct against them to justify elevated costs.

The respondent mother brought a motion seeking interim child support and section 7 special expenses for two dependent children following the parties’ separation.

The parties disputed whether additional income should be imputed to the payor parent, including RRSP withdrawals and alleged overtime income.

The court declined to determine imputed income on the limited interim record, noting the issue was properly reserved for trial given the upcoming trial date.

Interim support was instead based on the payor parent’s acknowledged 2014 income.

The court ordered monthly child support and section 7 contributions effective August 1, 2015, without prejudice to retroactive adjustments at trial.