David Mills

Following the dismissal of the plaintiff's motion and the granting of the defendants' motion, the court determined the costs payable to the successful defendants.

The court rejected the defendants' request for substantial indemnity costs and found their claimed amount of $26,000 to be excessive.

Costs were fixed at $15,000 inclusive of HST and disbursements.

The court also resolved a dispute over the discovery plan, ordering that cross-examinations could be used as examinations for discovery for trial purposes.

The parties were involved in a commercial joint venture dispute.

The defendants brought a motion to release $50,000 held in trust that stood in place of a previously issued Certificate of Pending Litigation (CPL) on a sold property.

The plaintiff brought a cross-motion for leave to issue new CPLs against two other properties owned by the defendants, alleging joint venture funds were diverted to purchase or improve them.

The court granted the defendants' motion to release the funds and dismissed the plaintiff's motion for new CPLs, finding the plaintiff failed to establish a direct connection between the joint venture funds and the properties, and thus had no triable issue regarding an interest in land.

The plaintiff was granted unopposed leave to amend her statement of claim.