Context: This case involved a motion for directions regarding the interpretation of a costs order made by Justice Kane, particularly whether Carleton Condominium Corporation No. 396 (CCC 396) was jointly and severally liable with other defendants for costs.
Motions: Two motions were made:
The Receiver sought guidance on interpreting Justice Kane's Costs Order regarding CCC 396's liability.
Domicile Developments Inc. and related parties requested the order be interpreted or amended to exclude CCC 396 from cost liabilities, arguing it was not Justice Kane's intention to include them with the Burdet group as defendants liable for costs.
Costs Order Review: Justice Kane's Costs Order from February 2, 2017, awarded $410,000 in costs (on a partial indemnity scale) against the defendants, including CCC 396, and awarded CCC 396 substantial indemnity costs of $220,000 payable by the plaintiffs.
Legal Analysis: Justice Smith found the Costs Order ambiguous, especially regarding CCC 396’s liability for costs. He determined that the order should be interpreted in line with Justice Kane's intentions, reflected in separating CCC 396 from the Burdet group in his decision.
Ruling: Justice Smith ruled that CCC 396 was not intended to be part of the defendants liable for the $410,000 costs. He directed that the term "Defendants" in the Costs Order be amended to exclude CCC 396, aligning with Justice Kane’s apparent intention.
Order Amendment: The Costs Order was amended to clarify that CCC 396 was not jointly and severally liable for the $410,000 costs awarded to the plaintiffs.
Costs of Motion: No costs were awarded for this motion.
