Amber E. Bonnell

The plaintiff brought a motion to set aside a registrar's administrative dismissal and for summary judgment against one of the defendants.

The Arvai defendants successfully defended the motion and sought costs on a partial indemnity basis in the amount of $27,849.47.

The plaintiff argued for a proportionate amount between $8,180 and $8,800.

The court found the defendants' bill to be "breathtaking" but acknowledged the complexity and risk involved in the summary judgment motion.

Costs were awarded to the Arvai defendants in the amount of $17,371.54, inclusive of HST and disbursements.

The plaintiff brought a motion to set aside the administrative dismissal of its action for a litigation loan, extend the time to set the action down for trial, and obtain default judgment against one of the defendants.

The action had been dismissed for delay after more than five years of inactivity following the issuance of the statement of claim.

The court found that the plaintiff failed to provide an adequate explanation for the delay and that the defendants would suffer significant prejudice due to the high interest rate on the loan.

The motion was dismissed.