CIVIL PROCEDURE - Costs - Offers to settle - Appeals - Cross-appeals

Law360 Canada ( April 17, 2025, 3:00 PM EDT) -- Appeal by Maharaj and cross-appeal by Town of Rosetown (Town) from costs order made by chambers judge (Judge). The costs order granted Maharaj double costs following his successful application for judicial review to the Court of Queen’s Bench, which resulted in the quashing of two resolutions passed by the Council of the Town of Rosetown (Town Council) and the remission of two Code of Ethics complaints for reconsideration. Two harassment complaints were made against Maharaj, the mayor of the Town, pursuant to the Town’s Code of Ethics Bylaw. The Town Council passed resolutions finding the complaints were valid and recommending remedial actions against Maharaj. Maharaj commenced proceedings to quash the resolutions, arguing lack of procedural fairness. The Judge quashed the resolutions due to lack of procedural fairness but dismissed other arguments by Maharaj. Maharaj submitted that the Judge erred in denying him full indemnification for legal fees and disbursements he incurred associated with his application, in the amount of $66,245. The Town submitted that the Judge erred in her interpretation of Rule 4-30(1) of the Queen’s Bench Rules (Rules) regarding Maharaj’s offer to settle and failed to consider relevant evidence and arguments regarding Maharaj’s litigation conduct....
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