Brian Lewis Kuchar

This endorsement addresses the issue of costs following a motion where the defendants successfully obtained a reduction in the quantum of a lien claim, though the lien itself was not discharged.

Both the plaintiff and the defendants sought costs, claiming success.

The court found that there was divided success on the underlying motion and noted the parties' failure to make bona fide efforts to settle costs.

Considering the proportionality, complexity, and importance of the issues, as well as the excessive hours and rates claimed by both parties, the court determined that a fit and just costs order was for each side to bear its own costs.

This is a construction lien action where the Defendants/Moving Parties sought an order discharging the lien or, in the alternative, reducing the security posted by Greatwise Developments Ltd. The Plaintiff agreed to a reduction of $250,000 due to an overlooked payment.

The court found significant factual disputes regarding whether the contract was fixed-price or cost-plus, and whether the Plaintiff abandoned the project, deeming these triable issues.

However, based on admitted errors and non-lienable items identified by the Defendants, the court ordered a further reduction of the security posted.

The motion to discharge the lien was dismissed, but the security was reduced from an initial $8,058,101.79 to $6,551,681.65.

The defendant, York Condominium Corporation No. 129 (the "Owner"), sought partial indemnity costs for its unopposed motions to amend pleadings.

The plaintiff, Brook Restoration Ltd. ("Brook"), opposed the costs and sought its own costs for preparing responding submissions.

The Master found that Brook had no obligation to consent to the amendments and that the Owner unnecessarily incurred costs by preparing full motion materials despite Brook's indication of non-opposition.

The Master denied the Owner's request for costs and also denied Brook's request for costs due to its non-compliance with a timetable order.

Each party was ordered to bear its own costs.