C. Katie Black

The applicant successfully challenged an arbitrator's preliminary ruling on jurisdiction, with the court declaring an alleged lease invalid due to a forged signature.

The applicant sought costs on a substantial indemnity basis for the court application and the jurisdiction motion before the arbitrator.

The court found that the respondents engaged in reprehensible conduct, including submitting falsified evidence, altering documents, and making bad faith allegations.

Consequently, the court awarded the applicant substantial indemnity costs fixed at $342,230.24.

The applicant challenged an arbitrator's preliminary ruling that an arbitration clause in an alleged lease agreement was valid.

The applicant claimed his signature on the lease was forged.

The court determined that under s. 17(8) of the Arbitration Act, 1991, the application was a hearing de novo.

After assessing lay and expert evidence, including handwriting and ink dating experts, the court found the respondents failed to prove on a balance of probabilities that the applicant signed the lease.

The court declared the lease and its arbitration clause invalid and set aside the arbitrator's ruling.

The defendant, a retired tax lawyer suffering from a debilitating medical condition, brought a motion to be excused from oral examination for discovery and to proceed by written interrogatories instead.

The plaintiffs opposed the motion, arguing that oral discovery was necessary given the allegations of professional negligence, breach of fiduciary duty, and dishonesty.

The court dismissed the motion, finding that while the defendant's medical condition was serious, the evidence did not establish that oral discovery, if properly managed with accommodations such as short sessions and frequent breaks, would cause physical or psychological harm.

This was a costs endorsement following an earlier decision on the costs of a summary judgment motion that was never argued on the merits because the action settled.

The plaintiff sought additional costs for arguing about costs, relying on a prior offer to settle for $45,600.00.

The court held that the earlier costs award already included the time spent preparing for the summary judgment motion and that the disclosed offer did not justify any additional award.

No further costs were ordered.