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Co-defendant ordered to pay City's costs after refusing to assume defence under indemnity agreement.
The plaintiff was injured at Centreville and sued the City of Toronto and Beasley Enterprises.
The City requested Beasley to assume its defence pursuant to a licence agreement, but Beasley refused and crossclaimed against the City.
The action was eventually settled by Beasley and discontinued against the City.
The City brought a motion for its costs.
The court found the plaintiffs acted reasonably in keeping the City in the action, but ordered Beasley to pay the City's partial indemnity costs of $20,689.85 due to the indemnity provisions in the licence agreement and Beasley's refusal to let the City out of the action.
Summary judgment granted dismissing derivative Family Law Act claims after primary plaintiff's claim was dismissed.
The defendants brought a motion for summary judgment to dismiss the plaintiffs' derivative claims under section 61 of the Family Law Act.
The primary plaintiff's claim had previously been dismissed following a settlement.
The court held that derivative claims cannot continue once the primary claim is dismissed, applying the doctrine of res judicata.
In the alternative, the court found the action should be dismissed for delay, as the plaintiffs had failed to appoint new counsel or move the action forward.
The motion for summary judgment was granted and the action was dismissed without costs.
