Danny Kastner

The defendant sought costs after successfully opposing the plaintiff's motion to quash an appeal.

The plaintiff argued that no costs should be awarded because the motion raised a novel jurisdictional question and was brought in good faith.

The court rejected the plaintiff's arguments, finding that the motion was not sufficiently novel to justify departing from the usual rule that costs follow the event.

The court awarded costs to the defendant on a partial indemnity scale in the amount of $8,166.51.

The plaintiff sought substantial indemnity costs of $36,733.95 plus HST and disbursements following a successful motion, relying on offers to settle.

The responding defendant argued the costs were excessive and disproportionate, suggesting $8,000.

The court agreed the motion was complex and important, but found the plaintiff's claimed hours involved extensive duplication.

Emphasizing the overriding principles of proportionality and reasonableness, the court fixed costs at $15,000 plus HST and $2,000 for disbursements.

The plaintiff, a minority shareholder of a corporation, brought a motion to amend his statement of claim and for leave to commence a derivative action on behalf of the corporation against a real estate brokerage for breach of a joint venture agreement.

The brokerage opposed the motion, arguing the amendments constituted a new cause of action outside the limitation period and that the plaintiff did not meet the requirements for a derivative action.

The court granted the motion, finding that the brokerage had notice of the factual matrix underlying the claims within the limitation period, and that the plaintiff satisfied all statutory requirements to bring a derivative action in good faith.

An employee appealed a trial judgment dismissing his claim for unpaid bonuses following termination without cause.

The employment contract contained a limitation clause stating that bonuses did not accrue and were only earned and payable on the designated pay-out date.

The trial judge found the limitation clause unambiguous and enforceable.

The Court of Appeal upheld this decision, finding that the parties had clearly agreed on how and when bonuses would be declared, earned, accrued, and paid.

The court rejected arguments based on unconscionability and public policy, noting that the bonus provisions were freely negotiated.

The appeal was dismissed with costs awarded to the respondent.

The plaintiffs brought a motion seeking a declaration that the defendant was in civil contempt of a prior court order requiring him to cease representing himself as an officer of a community organization and to deliver the organization’s records and financial documentation.

Applying the three‑part test for civil contempt set out in Carey v. Laiken, the court held that the prior order was clear and unequivocal, the defendant had actual knowledge of the order, and he intentionally failed to comply with it.

Evidence demonstrated that the defendant continued to hold himself out as president or director and failed to produce the required records despite repeated demands and an undertaking to do so.

The court ordered the defendant to comply with the original order by a specified date and warned that failure to do so could result in the issuance of a warrant for his arrest.

The plaintiffs, having been wholly successful, were awarded costs.