Ilia Valitsky

This decision addresses the costs of a motion brought by the Plaintiffs to amend their Statement of Claim, which was largely opposed by the Municipality.

The Municipality was entirely successful in opposing the amendments related to a new cause of action.

The court found the Municipality was entitled to partial indemnity costs as the successful party.

After reviewing the submissions and considering factors under Rule 57.01, the court fixed costs at $4567.19, representing 66% of the Municipality's claimed partial indemnity costs, payable by the Plaintiffs to the Municipality.

The plaintiffs brought a motion to amend their Statement of Claim, which originally sought damages for flooding allegedly caused by the defendant municipality's improper installation of a culvert.

The proposed amendments sought to add a new cause of action regarding a boundary dispute over a driveway.

The municipality consented to amendments related to the culvert but opposed those related to the boundary dispute.

The court dismissed the contested amendments, finding they constituted an entirely new cause of action that would unduly delay the trial and cause non-compensable prejudice to the municipality.

The plaintiff, Oasis Addiction Recovery Society, brought a motion for judgment to enforce an accepted offer to settle made by the defendants, Upper Canada 1ST Financial Group Inc. and Steve Erdelyi.

While both parties agreed to enforce the settlement, they disputed the interpretation of an indemnity clause, specifically the phrase "amounts paid to date." The plaintiff argued for a lower indemnity amount based on payments made directly to it, while the defendants contended for a higher amount including payments made to a third party (ICAN) before the loan transfer.

The court applied principles of contractual interpretation, considering the surrounding circumstances, and found in favour of the defendants' interpretation, obliging the plaintiff to provide an indemnity for the higher amount.