The plaintiff successfully defended a motion brought by the defendant to strike portions of his wrongful dismissal claim.
The plaintiff subsequently sought costs of $9,227.45 for the motion.
The defendant argued that no costs should be awarded because the plaintiff had previously abused the process of the Human Rights Tribunal of Ontario by withdrawing a related application at the last minute.
The court agreed with the defendant, finding that the plaintiff's conduct before the tribunal wasted public and private resources.
Exercising its discretion under Rule 57.01 of the Rules of Civil Procedure, the court declined to award costs to the successful plaintiff.
