Background: Frances Jean Walbey Canfield signed a January 2012 agreement to transfer her property to Bronze Wines Ltd., led by CEO Scot Stewart. Notary Howard H. Engman witnessed the transfer. The agreement promised future payments from a winery but provided no immediate payment or security. Bronze Wines borrowed funds, leading to mortgages assigned to Continental Appraisals Ltd. and Air Touch Communications Ltd., both of which defaulted.

Legal Arguments/Issues: Canfield alleged that Continental had knowledge of her interest in the property when its mortgage was registered. In 2018, Continental filed a foreclosure petition, and Canfield claimed this bypassed her initial claim. Canfield rejected a 2020 settlement offer from Continental that included a $5,000 payment, dropping her claim, and signing a release. During the 2021 trial, Canfield attempted to amend her claim, arguing the transfer was void due to alterations, but the judge rejected this.

Held: The trial judge ruled in Canfield's favor against Bronze Wines Ltd. and Howard H. Engman but not against Scot Stewart and Continental. The judge awarded Continental double costs from October 16, 2020, under Rule 9-1(5)(b) of the Supreme Court Civil Rules, determining Canfield ought to have accepted the settlement offer. Canfield's application for leave to appeal the costs order was dismissed. The judge noted the release's impact on the extant claim was not raised at the costs hearing.

Costs/Damages Awarded: The trial judge awarded Continental Appraisals Ltd. double costs totaling $20,000, effective from October 16, 2020, due to the rejection of their settlement offer.