Overview:
The case involved a real estate dispute concerning a blueberry farm. The plaintiff alleged fraudulent misrepresentation regarding the acreage of blueberries and undisclosed issues with access and a ditch on the property. The claims were dismissed in earlier judgments (2024 BCSC 1058 and 2024 BCSC 1449).
Key Issues:
- The plaintiff, 1025669 B.C. Ltd., claimed the defendants misrepresented the blueberry acreage and failed to disclose access and ditch issues.
- The defendants denied misrepresentation and argued the claims were unsubstantiated.
- The court also addressed whether the plaintiff’s rejection of a settlement offer justified double or special costs for the defendants.
Legal Arguments and Findings:
- The court held there was no clear evidence of fraudulent misrepresentation.
- The plaintiff's rejection of the defendants’ $5,000 settlement offer was deemed reasonable due to uncertainties at the time.
- The defendants sought double costs, alleging the plaintiff ignored a reasonable settlement offer, and special costs due to unproven fraud allegations.
Costs Awarded:
- The court rejected the defendants' applications for double and special costs, finding no reprehensible conduct by the plaintiff.
- Costs were awarded to the defendants at Scale B, excluding costs for their unsuccessful applications for higher costs.
No monetary damages were awarded to either party, apart from costs at Scale B in favor of the defendants. Financial terms were not specified.