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Defendant held liable for $93,500 in costs of a construction lien motion despite settling with the lead claimant.
The court determined the costs of a motion regarding the liability of the defendant 430 to various lien claimants in a construction lien reference.
The defendant 430 had settled with one lien claimant who had carriage of the motion, but the court found 430 remained liable for the costs incurred by other lien claimants who contributed to the motion.
The court fixed costs at $93,500 on a partial indemnity basis and apportioned the award among the contributing lien claimants based on their financial and counsel time contributions.
Application for review of Order to Pay terminated following parties' Minutes of Settlement.
The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.
The employer and the employees entered into Minutes of Settlement to resolve the matter.
The Ontario Labour Relations Board ordered the disbursement of the $3,031.60 held in trust by the Director in accordance with the settlement and terminated the application.
