A. Kuchinsky

Following a successful motion by the plaintiff to extend the time for service of its statements of claim in two lien actions, the plaintiff sought partial indemnity costs.

The defendant argued that costs are not typically awarded to a party seeking an indulgence.

The court held that there is no general rule disentitling a party seeking an indulgence from recovering costs, especially where the opposing party's conduct unnecessarily increased costs.

The court awarded the plaintiff $11,000 in partial indemnity costs.

The plaintiff brought motions to extend the time for service of its statements of claim in two construction lien actions, and to validate service or permit substituted service.

The plaintiff had consciously decided not to serve the claims within the 90-day statutory period, ostensibly for financial reasons, and later attempted service by emailing the defendant's lawyer.

The court found the plaintiff's explanation for the delay inadequate and the email service invalid.

However, considering the lack of demonstrable prejudice to the defendant and the defendant's own complacency after becoming aware of the liens, the court granted the extensions and dispensed with the requirement for further service.