David Burkes

Deep Foundations Contractors Inc. sought full indemnity costs against B. Gottardo Construction Ltd. and its principal, David Gottardo, jointly and severally, following the dismissal of Gottardo's counterclaim and cross-motion.

The court found David Gottardo personally liable for costs due to his wilful disobedience of a court order for financial disclosure, which caused significant delay and unnecessary expense.

The court awarded full indemnity costs, finding Gottardo's and David Gottardo's conduct reprehensible and outrageous.

The plaintiff brought a motion for summary judgment seeking the dismissal of the defendant's counterclaim in a construction lien action.

The defendant had repeatedly failed to produce financial documentation relevant to its delay counterclaim, despite multiple requests and a court order, resulting in the adjournment of four scheduled trial dates.

The court found that the defendant's actions were deliberate and calculated to delay the trial on the merits.

Applying Rule 60.12 of the Rules of Civil Procedure, the court concluded that this was an exceptional case where striking the pleading was warranted to protect the administration of justice.

The defendant's counterclaim was dismissed.

In a negligence action arising from a slip and fall accident in a parking lot, the defendants brought a motion concerning refusals and undertakings during examinations for discovery.

The court considered disputes relating to disclosure of financial records relevant to the plaintiffs’ claim for economic loss and questions regarding prior complaints about ice and snow conditions at the premises.

The court held that the requested financial information and access to computer systems were relevant to assessing the economic loss claim and ordered that experts for both parties attend the plaintiff’s business premises to retrieve the necessary data.

The court also ruled that questions about prior complaints regarding icy conditions were relevant to the negligence allegations.

The balance of the motion was adjourned without a date and no costs were ordered for the portion argued.

The appellants appealed a trial judgment holding them jointly and severally liable for $105,647.98 in unpaid legal fees owed to the respondent law firm.

The trial judge found that the appellants, who were defendants in the underlying action, colluded with the plaintiffs (the law firm's clients) to reach a secret settlement designed to defeat the law firm's claim for its fees.

The Court of Appeal dismissed the appeal, finding ample evidence that the appellants knew of the outstanding fees and that the settlement, which lacked commercial reasonableness, was structured specifically to avoid paying the law firm.