2 total
Plaintiff awarded $7,000 in partial indemnity costs following a successful refusals motion.
Following two motions regarding refusals at examinations for discovery, the successful plaintiff sought costs of $12,500 on an elevated scale based on an offer to settle and the defendant's conduct.
The court found that the plaintiff did not obtain a result more favourable than the offer to settle, as the specific questions ordered to be answered differed from the offer.
The court also found the defendant's conduct was not reprehensible.
The court awarded the plaintiff partial indemnity costs fixed at $7,000.
Master resolves cross-motions for discovery refusals in a family business share dispute.
The plaintiff and defendant brothers both brought motions to compel answers to questions refused during examinations for discovery in a dispute over the ownership of shares in a tire storage business.
The Master ordered the plaintiff to answer questions regarding his financial circumstances at the time of an alleged loan, but dismissed requests for information about his other investments.
The Master also ordered the defendant to answer questions regarding the sale of the disputed shares, rejecting the defendant's informal request for divided discovery.
