12 Jul 2023
Homegold Resources Ltd. v Jazz Resources Inc.
In the case of Homegold Resources Ltd. v. Jazz Resources Inc., which was decided on July 12, 2023, a cost application followed a trial in which the plaintiffs, Homegold Resources Ltd. and Johan Shearer, obtained a judgment against the defendant, Jazz Resources Inc. The plaintiffs had two separate claims: one by Mr. Shearer in his personal capacity for owed monies, and another by his company, Homegold Resources Ltd., for professional services provided. Both plaintiffs were successful in obtaining judgment, although the amounts awarded were less than claimed. The issue at hand was whether the plaintiffs were entitled to costs for the full trial. The general rule stated that the successful party was entitled to costs, but the court could depart from this rule based on the party's conduct. In this case, the defendant argued that the plaintiffs should be deprived of some or all of their costs. The court concluded that the plaintiffs were substantially successful, and their conduct did not warrant rebuke or unduly lengthen the trial. Therefore, the plaintiffs were awarded their costs of the trial at Scale B. No specific information regarding a financial award was provided in the case.