Carol F. Q. Mackillop

This endorsement addresses costs for two motions heard on September 4, 2018.

The plaintiff's motion to strike portions of the defendants' statement of defence and counterclaim was largely successful, as the impugned allegations were found to be scandalous, embarrassing, and untenable in law.

The defendants Perry and Premier's motion for contempt of court against the plaintiff was dismissed due to a slim prospect of success and marginal utility.

The court awarded substantial indemnity costs to the plaintiff against defendants Clifford Perry and 2543727 Ontario Ltd. o/a Premier Stairs and Railings for both motions, citing the reprehensible and scandalous nature of the struck pleadings and the redundancy of the contempt motion.

No costs were awarded against Kevin Gurnsey.

The plaintiff moved to strike certain portions of the defendants' statement of defence and counterclaim, alleging they were untenable in law, irrelevant, or scandalous.

The court allowed the motion, striking allegations related to stress and anxiety as scandalous and lacking probative value.

Claims of sexual harassment under the Human Rights Code were also struck because the plaintiff corporation was not vicariously liable for a co-worker's alleged harassment under sections 5(2) or 7, and the defendants failed to plead a claim of discrimination based on a poisoned work environment under section 5(1).

No leave to amend the pleadings was granted.