Gary Anthony Bennett

This endorsement addresses the issue of costs arising from a previous order for a discovery plan.

The Plaintiff sought substantial indemnity costs, arguing success on the motion, delay, and unreasonable conduct by the Defendants.

The Defendants sought partial indemnity costs, claiming the motion was unnecessary.

The court found the underlying motion necessary due to the Defendants' insufficient cooperation and that the Plaintiff was substantially successful.

Consequently, the Plaintiff was awarded partial indemnity costs.

In a wrongful dismissal action, the defendant employer moved for a more particularized disclosure and a further and better affidavit of documents from the plaintiff employee before proceeding with examinations for discovery.

The plaintiff cross‑moved to strike the statement of defence based on the defendant’s repeated failure to attend scheduled examinations for discovery.

The court held that the documents requested by the defendant, including bank statements, credit card records, and passport and immigration documents, were clearly relevant to the issues raised in the pleadings regarding wages, overtime compensation, and the circumstances surrounding the termination of employment.

However, the court also found that the defendant contributed to delay by failing to promptly bring a motion to compel disclosure.

The court ordered the plaintiff to produce the requested documents and a sworn supplementary affidavit of documents and set a timetable for discoveries and trial preparation, while declining to strike the defence and awarding no costs.