This costs endorsement followed a trial where the plaintiffs, Wayne and Diane Mason, were largely successful in establishing an unpaid purchase price and a vendor's lien against property, despite failing on punitive damages.
The court assessed costs based on offers to settle, parties' conduct, and success at trial, guided by principles of fairness, proportionality, and reasonableness.
The Masons were awarded their costs as sought.
Bluechip Services Inc. recovered costs on a partial indemnity basis.
Robina Khan McCracken and Jozef Zubrzycki were denied costs due to their unreasonable positions and lack of success, which hindered resolution.
The decision details the distribution of funds held in court, including trial awards, interest, and costs.
