G. Kuzyk

This costs endorsement followed a decision on two motions.

The respondent, Linda Jean Leliever, unsuccessfully moved to strike the applicant's claim for an accounting under Rule 14.09, which the court found was an inappropriate attempt to use a summary judgment procedure in an application.

The applicant, Paul Stephen Stefanchuk, successfully moved to amend pleadings, a motion that should have been consented to.

The applicant was entirely successful on both motions.

The court awarded the applicant partial indemnity costs, fixed at $20,095, payable by Linda Jean Leliever within 90 days, finding that while Leliever's motion was ill-advised, it was not improper enough to warrant full indemnity costs.

The plaintiff sought continuation of an ex parte interim injunction and a permanent injunction to prevent nearby blasting associated with residential construction, alleging vibrations would disrupt the alignment of satellite earth stations used for communications services.

The court applied the standard requiring a very strong probability of grave future harm before granting injunctive relief.

Expert evidence from the defendants indicated an extremely low probability of damage under the blasting plan, while the plaintiff’s evidence was largely speculative and lacked detailed technical analysis.

The court concluded the plaintiff failed to establish a strong probability of harm on the balance of probabilities.

The motion to continue the injunction was therefore dismissed.