A. Hershtal

In a long-running dispute over a solicitor's account, the solicitor objected to the client's late delivery of a supplementary expert report regarding alleged spoliation of computer files.

The case management judge found that the client's counsel breached prior case management directions by serving the report late and in an obscure manner.

However, because the solicitor had also been granted an extension to file her own expert report, the court admitted the client's late report to ensure procedural fairness, while adjourning the trial and setting strict new timelines.

Following dismissal of a discovery motion seeking answers to refused questions on examinations related to a motion for particulars, the court addressed the issue of costs.

The successful defendants sought partial indemnity costs exceeding $13,000, while the plaintiff argued for a significantly reduced amount.

Applying the discretionary framework under the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court emphasized proportionality and fairness.

Considering the extensive materials, length of the hearing, and the importance of the issues, the court found the defendants largely entitled to their claimed costs but applied a modest reduction for unspecified time responding to undertakings.

Costs were fixed at $12,000 inclusive of HST and disbursements.