3 total
Successful defendant awarded $12,000 in costs following dismissal of plaintiffs' motion for production of privileged emails.
Following the dismissal of the plaintiffs' motion for the production of emails protected by solicitor-client privilege, the parties submitted written arguments on costs.
The defendant sought $16,190 on an actual indemnity basis, noting an unaccepted offer to settle the motion for $5,775.
The court applied the principles of reasonableness and proportionality, awarding the successful defendant $12,000 inclusive of disbursements and taxes.
Motion for production of emails dismissed as the communications were protected by solicitor-client privilege.
The plaintiffs brought a motion seeking the production of a chain of emails between the defendant's counsel and the defendant.
The defendant opposed the motion on the grounds of solicitor-client privilege.
After a confidential review of the emails, the court found that the communications involved instructions and legal advice between a solicitor, his law firm, and their client, and were intended to be confidential.
The motion for production was dismissed.
Request to add corporate president as personal respondent granted due to allegations of direct involvement.
The applicant requested an order to add the president and owner of the corporate respondent as a personal respondent to her human rights application.
The respondents opposed the request, arguing it was late and did not meet the legal test.
The Tribunal applied the Smyth and Persaud factors and granted the request, noting that the proposed respondent's conduct was alleged to violate the Code, he had constructive notice of the application, and there were concerns about the corporate respondent's ability to pay a potential monetary award.
