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The court awarded $6,000 in partial indemnity costs to the successful respondents, reducing the claimed amount due to duplication of effort.
This is a costs endorsement following a motion brought by the City of Thunder Bay seeking to compel production of documents and to determine that the deemed undertaking rule would not apply.
The respondents opposed production of certain documents (ATR Applications) but agreed to inspection of the 2017 Settlement Agreement.
The court's prior decision found in favour of the respondents on both issues.
The respondents sought costs on a partial indemnity basis, claiming $9,863.08.
The City argued for a reduced award of $3,000.00.
The court awarded costs of $6,000.00 inclusive of fees, disbursements, and HST on a partial indemnity scale, finding that while the respondents were successful, there was some duplication of effort between senior and junior counsel that should be accounted for.
The court ordered a former lessee to appoint an arbitrator to value leasehold improvements or face court appointment.
The City of Thunder Bay brought an application seeking to compel a former lessee, Dawn MacKay, to participate in arbitration to determine compensation for leasehold improvements upon the expiry of her lease.
Ms. MacKay had refused to appoint an arbitrator, disputing the lease terms, claiming land ownership, and alleging unfair valuation.
The court dismissed Ms. MacKay's arguments as unmeritorious, finding she had acknowledged the lease and that her ownership claims were irrelevant to the arbitration process.
The court ordered Ms. MacKay to appoint her arbitrator within 30 days, failing which the City could apply for the court to appoint one on her behalf.
The City was awarded full indemnity costs due to Ms. MacKay's protracted refusal to participate.
