I. Ellyn

The plaintiff brought a motion to amend its statement of claim to correct a misnomer in its name, changing it from 'Urban Life Residential, In Trust' to 'Urban Life Residential Inc., In Trust', and to extend the time to file a trial record.

The defendant opposed and brought a cross-motion for summary judgment dismissing the action, security for costs, and to discharge a certificate of pending litigation (CPL).

The court granted the plaintiff's motion to amend, finding it was a case of misnomer and the defendant was not misled.

The court dismissed the defendant's cross-motion for summary judgment, finding genuine issues for trial regarding the identity of the purchaser and the validity of the trust.

The requests for security for costs and discharging the CPL were also dismissed.

Following the dismissal of summary judgment motions, a case conference was held to address trial scheduling.

The parties requested an exemption from mandatory mediation, agreeing it would have no value given prior unsuccessful resolution efforts.

The court granted the exemption pursuant to Rule 24.1.05, finding it would not reduce cost or delay.

A 5 to 7-day trial was scheduled for September 20, 2021.

In a case‑managed Commercial List proceeding, the successful parties sought full indemnity costs following success on a motion to compel production of documents and to resist a motion for bifurcation.

The court emphasized that case management aims to ensure timely, fair, and cost‑effective resolution of civil disputes and that parties are expected to resolve procedural disputes informally where possible.

The court held that litigation conduct undermining case‑management objectives—such as unreasonable resistance to documentary production or attempts to derail an agreed timetable—may justify elevated cost sanctions even absent traditional “reprehensible” conduct.

Applying Rule 57 factors and proportionality principles, the court found the requested costs reasonable.

Full indemnity costs were therefore awarded.