The tenants (appellants) had significant rent arrears and refused to pay rent.
The landlord (respondent) initiated an action in the Superior Court, pending trial, and sought an interim order for the tenants to pay ongoing rent and arrears.
Justice William Black of the Superior Court granted the interim order.
Procedural History:
The tenants initially sought to appeal the interim order to the Divisional Court, later abandoning it and filing an appeal to the Court of Appeal.
The landlord moved to quash the appeal for lack of jurisdiction.
The court adjourned the motion to quash but required the tenants to continue paying rent during the adjournment.
The tenants eventually abandoned their appeal.
Costs Decision:
The landlord requested costs for the motion to quash and the adjournment.
The Bill of Costs included calculations for full indemnity, substantial indemnity, and partial indemnity scales.
The Court of Appeal awarded the landlord partial indemnity costs, the standard practice, rejecting full indemnity despite tenants’ allegedly abusive conduct.
Costs Awarded: $9,045.66 inclusive of disbursements and HST, payable immediately by the tenants.
Conclusion:
The Court of Appeal determined that while the tenants’ actions might be considered abusive, this issue should be addressed in the Superior Court.
