Derek Michael Leschinsky

Following the plaintiff’s successful opposition to a motion for particulars in complex competition litigation, the court addressed the quantum of costs payable.

The plaintiff sought partial indemnity costs of $70,000 out of approximately $106,569 incurred, while the defendants proposed $42,055.

The court accepted that the litigation and motion were complex, involved extensive documentation, cross-examinations, and several days of argument, and that the plaintiff’s counsel’s rates and time were reasonable.

However, reductions were warranted because a cross-motion to strike affidavits was unnecessary and withdrawn, and certain document review costs related to the broader action rather than the motion itself.

The court fixed reasonable partial indemnity costs at $60,000 inclusive of disbursements and HST.

The defendants brought a motion seeking an order compelling the Commissioner of Competition to provide further particulars of alleged misleading representations pleaded under paragraph 74.01(1)(a) of the Competition Act concerning premium text messaging services.

The defendants argued that the statement of claim failed to identify the specific alleged misrepresentations and related details necessary to prepare their defences.

The court held that the pleading sufficiently described the alleged deceptive marketing practices and that the requested particulars largely sought evidentiary details, which are properly obtained through discovery rather than particulars.

Given that the alleged representations could number in the hundreds or more and concerned matters within the defendants’ knowledge, the court exercised its discretion to refuse the request for further particulars.

The motion was therefore dismissed.

Following a successful appeal that dismissed the respondent's summary judgment motion, the court determined the costs of the proceedings.

The appellants were awarded fixed costs for the appeal and partial indemnity costs in the cause for the motion.

The fourth parties were also awarded fixed costs for the appeal, while no costs were ordered for or against the third parties.

The liquidator of a credit union made a claim under a fidelity insurance bond for losses caused by the dishonest conduct of its general manager and other employees.

The motion judge granted summary judgment in favour of the credit union.

The insurers appealed.

The Court of Appeal allowed the appeal, finding that while the uncontested facts supported a finding of direct loss resulting from dishonest acts, there were genuine issues for trial regarding whether the acts constituted a single scheme, and whether the bond's termination and notice conditions applied.

The appellant appealed the judgment of the trial judge.

The Court of Appeal dismissed the appeal, holding that the trial judge's findings of fact could not be successfully challenged and precluded the application of the legal principles relied upon by the appellant.

Costs were awarded to the respondents on a partial indemnity basis.

The appellant appealed a decision refusing to intervene in his removal as a Trustee of a pension fund pending investigations of alleged misconduct.

The Court of Appeal dismissed the appeal, agreeing with the application judge that there was no evidence the remaining trustees were likely to act contrary to the best interests of the plan members or that the appellant's removal would prejudice the members.

The court confirmed that the evidence did not meet the threshold of demonstrating a likelihood of abuse of discretion.