Brad Vermeersch

The party seeking costs was completely successful on motions regarding whether communications at a meeting were subject to settlement privilege.

The opposing party, who had surreptitiously recorded the meeting and publicly filed the transcript, argued for a costs reduction as a public interest litigant.

The court rejected the public interest litigant argument for these specific motions.

The court also declined to award substantial indemnity costs, finding the conduct did not rise to the level of reprehensible.

The court awarded partial indemnity costs, adjusting the requested hourly rates downwards, fixing costs at $136,315.

The defendant brought a motion for partial summary judgment to dismiss the plaintiff's claim for unpaid invoices dating from 2007 to 2012, arguing they were statute-barred under the Limitations Act, 2002.

The plaintiff, a receiver who acquired the assets of the original creditor, argued the claims were not discoverable due to poor record-keeping and alleged part payments.

The court granted summary judgment, finding the claims were discoverable by 2012 and that the defendant had paid his accounts annually, meaning no part payments extended the limitation period.

A secondary motion to strike the claim for late appointment of counsel was dismissed.