C.J. Cosgriffe

The plaintiff sought costs of $5,379.80 on a partial indemnity scale following a motion to compel answers to undertakings and refusals.

The defendant argued no costs should be awarded due to divided success, as the plaintiff only obtained orders for 10 of the 27 undertakings and refusals argued.

The court found that while success was divided, the motion was necessary to compel compliance and the defendant had taken an improper position regarding access to its records.

The court awarded the plaintiff costs fixed at $2,000 inclusive of HST and disbursements.

The plaintiff brought a motion seeking answers to undertakings and questions refused during the examination for discovery of the defendant Juice DMS Advertising Inc., and an order compelling a representative of Juice DMS to re-attend discovery.

The court granted most of the plaintiff's requests for answers to undertakings and refusals, including compelling Juice DMS to make inquiries of a former employee now adverse in interest.

A re-attendance on discovery was ordered by consent.

Costs were awarded to the plaintiff.