Derek Zulianello

Following a successful wrongful dismissal action under the simplified procedure, the plaintiff sought costs of over $100,000 on a substantial indemnity basis.

The defendants argued the claimed costs were disproportionate to the $98,576 damages awarded and the simplified procedure limits.

The court found the plaintiff's counsel's hours and rates unreasonable for a straightforward wrongful dismissal action.

Applying the principle of proportionality, the court awarded the plaintiff partial indemnity costs fixed at $55,000 for fees and $9,000 for disbursements, plus HST.

The self-represented plaintiff brought a motion seeking to vacate a scheduling order for the defendants' motion to strike, and seeking leave to amend his statement of claim.

The plaintiff had previously delivered an email abandoning an earlier motion but argued it was not abandoned because he did not file the notice.

The court held that Rule 37.09(1) only requires delivery, not filing, of a notice of abandonment, and alternatively, the motion was deemed abandoned under Rule 37.09(2) because the plaintiff failed to appear.

The plaintiff's current motion was dismissed as an abuse of process because he failed to provide a draft of the proposed amended pleading and had previously refused to attend the scheduling hearing he now sought to vacate.