March 28, 2024 (Costs Endorsement):
- Clark Builders’ liens were declared valid for $499,118.34 plus interest and GST.
- Clark Builders sought solicitor-client full indemnity costs but was denied. The court found Clark was entitled to costs under Column 4 of Schedule C with a lump sum of $20,000 in addition to assessed costs.
- The litigation was long and complex, but the court aimed for proportionality in the award, rejecting the claim for full indemnity costs?.
September 5, 2024 (Appeal Decision):
- The appeal by Redleaf Properties was dismissed. The decision of March 2022 was upheld, confirming the lien amount of $499,118.34 plus interest.
- The court found no genuine issue for trial, supporting Clark Builders' evidence over the objections raised by Redleaf?.
October 18, 2024 (Costs for the Appeal):
- Clark Builders was awarded 60% of its actual costs for successfully defending the appeal, amounting to $34,668.
- The court rejected the lower costs under Schedule C (Column 5) as inadequate, citing the protracted nature of the litigation?.
Total Awards:
- Original lien award: $499,118.34 + interest and GST.
- Costs from the March decision: Lump sum of $20,000 plus Column 4, Schedule C.
- Appeal costs: $34,668.
- Thus, the total monetary award to Clark Builders exceeds $553,786.34, plus interest and additional costs pending assessment.
Overall, Clark Builders succeeded in both the initial ruling and on appeal, securing significant cost recovery.