A.H. McInnis

The plaintiff, Sky High Roofing & Sheet Metal Inc., brought a motion for an interim order under Rule 44 for the return of three pieces of equipment from the defendant, Scott Bennett.

The equipment was initially delivered to the defendant for storage, and while discussions about a potential purchase occurred, no written agreement was finalized.

The court found a triable issue regarding whether a purchase agreement was ever reached and that the plaintiff failed to establish unlawful detention by the defendant, a prerequisite for relief under Rule 44.01.

The motion was dismissed, and the plaintiff was ordered to pay costs to the defendant.

The defendant Debra Penman moved to strike the plaintiff's statement of claim for failing to disclose a reasonable cause of action.

The plaintiff Mary Lou McGillvray brought a cross-motion for leave to amend.

The court granted the plaintiff leave to further amend her claim to sue in her capacity as trustee for unjust enrichment.

This endorsement addresses the costs of these motions.

The court found that the motions were necessary due to the plaintiff's failure to adequately respond to the defendant's warnings about the deficient claim.

Despite the plaintiff obtaining leave to amend, the defendant's motion was necessary to clarify the cause of action.

The defendant Debra Penman was awarded costs on a partial indemnity basis, fixed at $5,000.00, payable in any event of the cause at the conclusion of the trial.