2 total
Successful plaintiff on a transfer and consolidation motion awarded $6,000 in partial indemnity costs.
Following the defendant's unsuccessful motion to transfer and consolidate the action, the successful plaintiff sought costs of $7,082.73 on a partial indemnity basis.
The defendant argued costs should be in the cause or parties should bear their own costs.
The court rejected the defendant's arguments, finding the plaintiff entitled to costs payable forthwith.
Applying the factors under Rule 57.01(1) of the Rules of Civil Procedure, the court fixed the plaintiff's costs at $6,000 inclusive.
Venue transfer motion dismissed as it would delay a related action already set for trial.
The defendants brought a motion to transfer the action from Newmarket to Toronto to be heard immediately after a related action commenced by the plaintiff in Toronto.
The court dismissed the motion, finding that transferring the action would delay the Toronto action, which was already set down for trial.
The court noted the plaintiff's advanced age and the fact that she had been financing the Toronto litigation for five years.
The court held that the plaintiff's choice of venue was entitled to deference and there was no risk of inconsistent findings.
