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The court fixed costs at $80,000 on a partial indemnity scale following a successful summary judgment motion.
This is a costs decision following a successful summary judgment motion.
The defendants, represented by Dave Griffiths and others, succeeded in having the action dismissed based on the ultimate limitation period.
The court considered the parties' bills of costs, the complexity and importance of the case, and the lack of detail in the bills.
Ultimately, the court fixed costs at $80,000, all-inclusive, in favour of the defendants, finding this amount fair, reasonable, and proportionate in the circumstances.
The court dismissed the plaintiffs' action for wrongful union expulsion and pension benefits as statute-barred by the 15-year ultimate limitation period.
The court granted the defendants' motion to dismiss the plaintiffs’ action as statute-barred under the 15-year ultimate limitation period in the Limitation Act, 2002.
The plaintiffs, Bruce G. Johnston and Judith A. Walker, claimed wrongful expulsion from their union and denial of full pension benefits.
The court found that all material facts were known or discoverable by 1994/95, and the ultimate limitation period had expired long before the action was commenced in 2021.
The court also rejected arguments based on concealment, breach of contract, unjust enrichment, and the expulsion being void ab initio.
