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Trial costs of $70,000 awarded on partial indemnity after successful property appeal.
Following a successful appeal in which the appellants were awarded a 50% interest in a residential property, the court addressed trial costs.
The appellants sought approximately $155,000 in costs on a substantial indemnity basis, arguing the result beat their offer to settle.
The court declined, finding the result did not beat the offer because the appellants were awarded 50% ownership rather than 50% of the equity, with the equity value remaining to be determined on a subsequent accounting.
Trial costs were awarded on a partial indemnity basis in the amount of $70,000 all inclusive.
Majority allowed appeal and recognized a 50% beneficial interest in the property.
The appeal arose from a dispute over whether a substantial contribution to a home purchase created a beneficial ownership interest under resulting trust principles.
The majority held the trial judge made a legal error by disregarding key third-party evidence probative of the transferor’s objective intention and allowed the appeal.
The court declared the appellants entitled to a 50% beneficial interest in the property, set aside the judgment and costs below, and remitted related sale and accounting remedies for case management.
A dissent would have dismissed the appeal, finding no reversible legal or factual error and concluding the transfer was supported by consideration.
