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Motion to strike pleadings adjourned; defendants given final deadline to pay costs and answer undertakings.
The plaintiff brought a motion to strike the statement of defence and dismiss the counterclaim of the subject defendants due to their failure to pay prior costs awards and answer undertakings from discoveries.
The court declined to strike the pleadings immediately, opting instead to give the defendants one final opportunity to comply.
The court ordered a stay of proceedings until the defendants pay the outstanding costs and answer the undertakings by specified deadlines, failing which their pleadings will be struck without further notice.
Court clarifies prior costs endorsement covered all costs, including costs thrown away.
The plaintiffs sought clarification of a prior costs endorsement issued following an adjournment request on a motion.
The court reviewed the earlier endorsement and clarified that the costs award of $1,250 plus HST was intended to cover both the costs thrown away and the disposition of relief sought in specific paragraphs of the notice of motion.
The judge confirmed that the order was not intended to award $1,250 plus an additional amount for costs thrown away.
No further appointment was required to resolve the issue.
