Following a last-minute trial adjournment attributed to the respondent, the applicant sought costs thrown away of over $125,000.
The court reviewed the dockets to determine which trial preparation costs were genuinely wasted and would need to be redone.
The court excluded costs related to prior motions and disclosure that remained useful.
Costs thrown away were fixed at $18,000 on a substantial recovery basis, plus $2,000 for the adjournment motion, and $6,780 for disbursements and HST, for a total of $29,040 payable forthwith.
