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Court set aside ex parte costs order and personally penalized plaintiff's counsel for sharp practice.
The defendant, Mercedes-Benz (Thornhill), brought a motion seeking to set aside a costs order obtained by the plaintiff without proper notice, to dismiss the plaintiff's action for delay, and to establish a litigation timetable.
The plaintiff's counsel failed to appear at the hearing despite requesting an oral argument.
The court found that the plaintiff's counsel engaged in "sharp practice" by obtaining the costs order without proper notice and by misrepresenting the defendant's position.
The court set aside the costs order, imposed a detailed timetable for the action, and ordered the plaintiff's counsel to personally pay costs of $3,500 to the defendant due to his inappropriate conduct and failure to appear.
Motion to set aside costs order adjourned to oral hearing at responding party's request.
The defendant brought a motion in writing to set aside a previous costs order made against it, arguing the order was obtained without proper notice.
The plaintiff objected to the motion proceeding in writing and requested an opportunity to make oral argument.
The court noted the defendant presented a strong prima facie case that the previous order was obtained without notice, but pursuant to Rule 37.12.1(6), adjourned the motion to an oral hearing to allow the plaintiff to make submissions.
