Jamie Joseph William Spotswood

York University sought security for costs of an appeal brought by Michael Markicevic, who was found at trial to have defrauded York of over $1.8 million and made fraudulent conveyances of property.

Markicevic appealed on two grounds: the validity of a mutual release signed upon his termination and whether York's claims were statute-barred.

The motion judge ordered security for costs of $75,000 under Rule 61.06(1)(c), finding that while the appeal was not frivolous and vexatious, the unchallenged findings of fraud and asset dissipation constituted compelling "other good reason" to order security despite Markicevic's impecuniosity.

Over Z LLC brought a motion for contempt against N-Krypt International Corp. for failing to comply with a consent order requiring the production of audited financial statements, an accounting of investment, and other documents by specific deadlines.

N-Krypt admitted non-compliance but argued good faith, citing auditor delays due to tax season and an interpretation dispute regarding the accounting.

The court, applying the principles from Carey v. Laiken, found that N-Krypt acted in good faith and exercised its discretion to dismiss the contempt motion.

N-Krypt's cross-motion for directions to extend deadlines and schedule a new shareholders' meeting was allowed.

Costs were deferred pending N-Krypt's compliance with the new order.

The plaintiffs brought a motion to set aside a registrar’s order dismissing a medical malpractice action as abandoned under Rule 48.15 of the Rules of Civil Procedure and to extend time for service of the statement of claim.

The action alleged negligent misdiagnosis and treatment resulting in severe brain damage following whole brain radiation administered on the basis of an incorrect MRI interpretation.

Applying the contextual analysis and the Reid factors, the court found the delay was attributable to inadvertence arising during a transition between counsel rather than solicitor negligence.

The defendants failed to demonstrate actual prejudice and presumptive prejudice was minimal given the short interval between the limitation expiry and notice of the claim.

The dismissal order was therefore set aside and the time for service extended.

Following a complex insurance dispute involving alleged arson and the destruction of artwork, the court determined the appropriate costs payable by the insurer to the plaintiff after two trials.

The court reviewed legal fees from multiple law firms and reduced several claimed amounts where work was unrelated to the litigation or where hourly rates were excessive for counsel’s level of experience.

Expert witness fees for an appraisal report valuing destroyed artwork were also scrutinized, with the court reducing the claimed preparation time and attributing only two‑thirds of the report’s cost to the litigation because part of the work related to the insurance proof of loss requirement.

The court rejected a claim for contractual interest of 2% per month on the expert’s fees but awarded prejudgment interest at the average annual statutory rate.

The defendant’s partial success on a punitive damages claim did not justify a reduction in the plaintiff’s costs.