CIVIL PROCEDURE - Assessment or fixing of costs - Appeal or review - Appeal costs

Law360 Canada (May 1, 2023, 9:05 AM EDT) -- Application by Sunshine Oilsands Ltd. (Sunshine) for permission to reargue the appeal and to argue costs. Clearbakk’s appeal was allowed restoring an application judge’s decision granting it summary judgment. Sunshine argued that this panel made three errors in its judgment which justified granting permission to reargue the appeal. It argued that this Court mistakenly stated that the chambers judge denied summary judgment because he found that Clearbakk’s action against Sunshine presented a genuine issue for trial. In the proceedings below, Clearbakk claimed breach of a contract to pay for services rendered and sought summary judgment on the claim. The chambers judge found he could not determine whether Sunshine breached the contract without knowing which contract governed the parties’ relationship. Sunshine argued that this Court erred because Clearbakk’s claim was for breach of a contract which could not be identified. It argued the chambers judge properly found that he could not identify the applicable contract given the record before him, so it was not possible to decide Clearbakk’s breach of contract claim. As to costs, Sunshine argued that the chambers judge’s costs order in its favour should be upheld, even though it was overturned on appeal....
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