Lower William Properties Ltd. v. Santaguida

canada, canadian, case law, court opinion, canlii, onca, 2026onca658, 2026 onca 658 (canlii), 2026, onca, 658, (canlii), coa-25-cv-0315, 2026, procedure, costs, court below, motion costs, whether motion judge’s costs award should be set aside given divided success, dismissal of appellant’s motion upheld but limitation period declaration set aside as premature, costs consequences of mixed outcome on relief sought, costs award in favour of respondents set aside, procedure, costs, court below, no costs, whether there should be no costs of the motion, appeal reflects divided success on relief sought below, effect of premature determination on ultimate limitation period for third party claims, no costs of the motion ordered, procedure, costs, appeal, partial indemnity, whether appellant entitled to costs of the appeal on a partial indemnity basis, respondents acknowledge entitlement and reasonableness of bill of costs attributable to appeal, costs fixed inclusive of hst and disbursements, costs of appeal awarded to appellant fixed at $10,372.49