David Alderson

Following a successful motion for summary judgment where the plaintiff recovered $400,000 and the defendant's counterclaim was dismissed, the parties made written submissions on costs.

The plaintiff sought $171,888.04 on a partial and substantial indemnity basis, relying on a Rule 49 offer to settle.

The court rejected the defendant's arguments that the costs were disproportionate or that an assessment was required, fixing costs at $150,000 payable to the plaintiff.

The defendants sought a stay of an action under s. 7 of the Arbitration Act, 1991 based on an arbitration clause in a shareholders’ agreement relating to a restaurant venture.

The plaintiff alleged fraudulent misrepresentation inducing him to enter the agreement, breach of fiduciary duties, and oppressive conduct.

The court held that the misrepresentation and fiduciary duty claims were tort-based and did not rely on the shareholders’ agreement, placing them outside the arbitration clause.

Although the oppression allegations relied on contractual obligations and fell within the clause, the court declined to order a partial stay because most claims were non-arbitrable and separation would create duplicative proceedings.

The motion for a stay was therefore dismissed.

The plaintiff sued the defendant for breach of contract and misrepresentation arising from a franchise agreement.

The defendant brought a motion for summary judgment dismissing the action as statute-barred.

Before discoveries took place, the plaintiff moved to strike the summary judgment motion on the grounds of prematurity.

The court dismissed the motion to strike, applying the test that such a motion should only be granted in the clearest of cases.

The court found that the summary judgment motion had a reasonable chance of success and the matter was not overly complicated.