D.A. Morin

Following a successful summary judgment motion dismissing the action, the defendant sought costs of both the motion and the underlying proceeding.

The plaintiff argued that costs should be limited because the defendant delayed bringing the summary judgment motion until shortly before trial despite participating in discovery and other litigation steps for years.

The court rejected this argument, finding the defendant acted reasonably in defending the claim and that evolving jurisprudence after amendments to Rule 20 justified bringing the motion after discoveries were completed.

Substantial indemnity costs were refused because the defendant’s settlement offers did not trigger Rule 49 consequences.

Partial indemnity costs were fixed by the court, including fees and disbursements, payable forthwith.

The defendants brought a motion for summary judgment dismissing claims arising from the premature deterioration of pine roof shingles installed on the plaintiff’s home.

The plaintiff alleged breach of contractual warranty, breach of statutory warranties under the Sale of Goods Act, and negligent misrepresentation relating to representations that the roof would last 50 years.

The court found the plaintiff had discovered the alleged defects and the basis of her claims by November 2005, yet did not commence the action until March 2008.

Applying the two‑year limitation period under the Limitations Act, 2002, the court held the claims were statute‑barred.

The court also concluded there was no evidence the retailer provided a contractual warranty or representation guaranteeing the shingles for 50 years.