I.D.D. Sneddon

This costs endorsement addresses the aftermath of a motion by Irene Theodora Maria Slegers to disqualify Lerners LLP from acting for Hans Charles Jonckheere due to an alleged conflict of interest.

The court dismissed the motion, finding no conflict, and was then asked to determine costs.

The court reviews the parties’ positions, the timing of the costs determination, the presumption of costs for the successful party, the impact of settlement offers, and the proportionality and reasonableness of the costs claimed.

Ultimately, the court orders Irene to pay Hans $57,000 in costs, reflecting the complexity and significance of the motion, the parties’ conduct, and comparable case law.

The court considered a motion by the respondent, Irene Slegers, to disqualify Lerners LLP from acting for the applicant, Hans Jonckheere, due to alleged conflicts of interest.

The issues included whether Slegers was ever a client of Lerners, whether confidential information was shared, and whether any such information was relevant to the current litigation.

The court found that Slegers was never a client of Lerners, that any information she shared was unsolicited and not protected by solicitor-client privilege, and that there was no conflict of interest.

The motion to remove Lerners LLP was dismissed.