Assessing a Costs Award in a Settlement Agreement

Offers to settle often include the following clause: “The defendant shall pay to the plaintiff disbursements and costs of this action in an amount to be assessed or agreed, pursuant to the Rules of Civil Procedure.” Perhaps not surprisingly, parties often cannot agree on the quantum of the costs figure post-settlement. So it’s off to…

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Litigation Privilege

In Webasto Product North America Inc. v. Shasta Equities Ltd. and Lorne Shandro, the court dealt with an issue of litigation privilege over disputed documents regarding a boat that was damaged by fire. The respondents, Shasta and Shandro, claimed litigation privilege over the disputed documents. The appellant, Webasto, filed a motion requesting production of all of the…

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Estates Litigants Face Cost Consequences for Poor Conduct

Considering unduly prolonging a court action and rejecting reasonable offers to settle? It could cost you. The Ontario Court of Appeal recently upheld the lower court’s decision in Villa v. Villa, 2014 ONCA 2987. The parties to the case were brothers Enzo and Renzo Villa, whose mother had recently passed away. Enzo had held a Continuing…

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House Repairs in an Agreement of Purchase and Sale

How do you deal with repairs when buying a house?  The recent case of Rosenhek v. Breda, 2010 ONSC 2786 deals with this question and illustrates the importance of having clear contractual terms in order to avoid expensive legal battles. The buyer commenced a claim for $23,000 in respect of an alleged breach of contract arising out…

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