2 total
Unreasonable summary judgment motion attracted substantial indemnity costs.
This was a standalone costs decision following the dismissal of a plaintiff’s summary judgment motion in an action over construction supply credit and an alleged personal guarantee.
The court held that the plaintiff unreasonably proceeded with the motion despite a direct denial of the signature and related facts, without obtaining handwriting evidence or other proof necessary to eliminate a genuine issue for trial.
Applying the costs principles under s. 131 of the Courts of Justice Act, Rule 57.01, and Rule 20.06, the court found substantial indemnity costs were justified.
The successful defendant was awarded fixed costs of $38,058.80, payable within thirty days, and the costs were not deferred to the trial judge.
Summary judgment denied because credibility disputes required a full trial.
The plaintiff sought summary judgment against Sebastian Danny Caputo on an alleged personal guarantee for materials supplied on credit to Elements Stone & Paving Inc. The court held there were genuine issues requiring trial, including whether Caputo signed or knew of the credit application and guarantee, and whether third-party fraud occurred.
Because key findings depended on credibility and multiple witnesses, summary judgment was refused and the motion was dismissed.
