William P. Dermody

The applicants were successful at trial in having a notice filed under section 71 of the Land Titles Act removed from title to certain real property.

The applicants sought substantial indemnity costs, arguing the respondents acted unreasonably by registering and refusing to remove the notice.

The court found the respondents did not act unreasonably, but merely took an incorrect position, and awarded partial indemnity costs.

The court fixed the applicants' costs at $50,000 inclusive of disbursements and HST, considering the importance of the matter, the lack of jurisprudence on section 71, and the comparative costs outlines.

The plaintiff and defendants brought competing motions for summary judgment in a dispute over the ownership of a share in a land-holding company and the redemption of a mortgage.

The plaintiff claimed it was the beneficial owner of the share and had validly tendered funds to redeem the mortgage.

The defendants argued the share was held to secure a 50% interest in future development, not just as security for the loan.

The court found that the conflicting evidence regarding the terms on which the share was held and the adequacy of the tender could not be resolved on a summary basis.

Both motions were dismissed, and the matter was directed to trial with specific issues defined.