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Costs of $3,500 awarded to plaintiffs following dismissal of defendant's written motion for leave to appeal.
The defendant's motion for leave to appeal an order granting the plaintiffs leave to amend their statement of claim and requiring the defendant to answer discovery refusals was dismissed.
The plaintiffs sought costs of $7,672.26 on a partial indemnity basis for the written motion.
The court found the plaintiffs' docketed hours excessive and noted the reasonable expectations of the unsuccessful party.
Costs were fixed at $3,500 inclusive of disbursements and HST.
Leave to appeal interlocutory order granting pleading amendments and discovery answers denied.
The defendant, W.O. Stinson & Son Limited, sought leave to appeal an interlocutory order that granted the plaintiffs leave to amend their Statement of Claim and required the defendant to answer questions refused at discovery.
The underlying action involved an oil leak from a tank installed by the defendant.
The court dismissed the motion for leave to appeal, finding no good reason to doubt the correctness of the motions judge's decision regarding the amendment of pleadings or the discovery refusals.
Furthermore, the court held that the proposed appeal did not raise matters of general importance, as the issues were specific to the facts and pleadings of the case.
