Emily J. Pinckard

The plaintiff brought a motion to stay the defendant's motion to set aside a default judgment until the defendant paid outstanding costs orders and posted security for costs.

The defendant had made an assignment in bankruptcy, staying the enforcement of pre-bankruptcy costs orders.

The only remaining costs order, made by a registrar in bankruptcy, was under appeal.

The court held that the appeal automatically stayed the registrar's costs order under Rule 63.01 of the Rules of Civil Procedure.

As no costs were currently payable, the plaintiff's motion for a stay and security for costs was dismissed.

The Applicant and Respondent, joint owners of a family business, brought competing applications to wind up the corporation and for an accounting.

Following an order for the business sale and an accounting, the parties sought costs.

The Applicant requested substantial indemnity costs of $50,202.35, while the Respondent sought partial indemnity costs of $17,243.58.

The court found that success was divided and that a punitive costs award was not justified.

The court fixed costs at $25,000, to be "in the cause" of the ongoing accounting or arbitration.

The defendant, Greenvac Inc., brought a motion to transfer the action from Goderich, Ontario, to Toronto, Ontario, pursuant to Rule 13.1.02 of the Rules of Civil Procedure.

Greenvac argued that all events giving rise to the action occurred in Toronto, and its witnesses and counsel were located there.

The plaintiff, Britespan Building Systems of Ontario Inc., opposed the motion, asserting that Goderich was the most convenient venue for its headquarters, counsel, and numerous witnesses.

The court, applying a holistic consideration of the factors under Rule 13.1.02(2)(b), found that the moving party failed to establish that Toronto was "significantly better" than the plaintiff's chosen venue.

Consequently, Greenvac's motion to transfer the action was dismissed.