2 total
The court awarded partial indemnity costs to the plaintiffs following their successful motions to amend pleadings and set aside an ex parte costs order.
This endorsement addresses the costs of two successful motions brought by the plaintiffs, Barry Picov and Picov Farms Ltd. The first motion sought to amend their Statement of Claim to substitute Robar Residence Corporation as plaintiff, and the second sought to set aside an ex parte costs order against them in favour of Genserve Systems Inc. The court awarded partial indemnity costs to the plaintiffs for both aspects of their motion, finding that while the plaintiffs' counsel bore some responsibility for the initial error and evidential record, the defendants' opposition was not entirely justified, particularly Genserve's stance on setting aside the ex parte order.
Total costs of $19,689 were awarded to the plaintiffs, apportioned among the defendants.
Motion to substitute plaintiff after limitation period granted as misnomer; ex parte costs order set aside.
The plaintiffs brought a motion to amend their Statement of Claim to substitute a new corporate entity as the plaintiff, having mistakenly named the former property owners instead of the actual owner at the time of the fire loss.
The defendants opposed, arguing the limitation period had expired.
The court granted the amendment, finding it was a true case of misnomer and the defendants suffered no non-compensable prejudice.
The court also set aside an ex parte costs order previously made against the plaintiffs, finding their counsel's failure to attend the motion was due to an honest misunderstanding.
