Bulut Construction Ltd. v. Paul, (1984) 3 O.A.C. 287 (CA)

• Judge: MacKinnon, A.C.J.O., Goodman and Robins, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: March 23, 1984
• Jurisdiction: Ontario
• Citations: (1984), 3 O.A.C. 287 (CA)

Bulut Constr. Ltd. v. Paul (1984), 3 O.A.C. 287 (CA)

MLB headnote and full text

Bulut Construction Limited v. Paul

Indexed As: Bulut Construction Ltd. v. Paul

Ontario Court of Appeal

MacKinnon, A.C.J.O., Goodman and Robins, JJ.A.

April 6, 1984.

Summary:

The plaintiff sued for the return of money under an agreement or, alternatively, damages. The defendant counter-claimed for a declaration that he was entitled to the money. The Ontario District Court, in a decision unreported in this series of reports, dismissed the plaintiff's action, but with costs. The District Court allowed the defendant's counter-claim, without costs. The defendant appealed the award of costs to the plaintiff, plus the failure of the trial judge to award interest on the counter-claim.

The Ontario Court of Appeal allowed the defendant's appeal. The Court of Appeal awarded the defendant costs at trial (and on appeal), plus interest on the money recovered by counter-claim.

Practice - Topic 7040

Costs - Party and party costs - Entitlement - Unsuccessful party - The Ontario Court of Appeal set aside an award of costs to an unsuccessful party against the successful party, where no reasons were given - See paragraph 5.

Counsel:

G.B. Kilpatrick, for the appellant (defendant), plaintiff by counter-claim;

H.M. Lewin, for the respondent (plaintiff), defendant by counter-claim.

This appeal was heard before MacKinnon, A.C.J.O., Goodman and Robins, JJ. A., of the Ontario Court of Appeal on March 23, 1984. The decision of the Court of Appeal was delivered orally by MacKinnon, A.C.J.O., and released on April 6, 1984.