Case information

Judgments and orders — Summary judgments — Costs — Interest — Restitution — Unjust enrichment — Constructive trust — Applicants appealing endorsement of chambers judge confirming the form of order, pre-judgment interest, and costs following a partial summary judgment decision in respondent’s favour — Court of Appeal dismissing appeal, finding no misdirection in law or palpable and overriding error in fact — Whether the Court of Appeal erred in its endorsement or costs decisions.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Court of King’s Bench made an endorsement decision addressing the proper form of order, costs and pre-judgment interest related to a prior decision granting partial summary judgment against Sonika and Hardik Patel based on unjust enrichment. The chambers judge awarded ATB Financial $28,574 in costs and $798,356 in pre-judgment interest.

The Court of Appeal held that the appeal was limited to the endorsement decision and not the merits of the unjust enrichment decision. The Court of Appeal dismissed the appeal, holding that the chambers judge made no misdirection in law or palpable and overriding error in fact. Subsequently, the Court of Appeal awarded $25,000 in appeal costs to ATB Financial.

---

---

---