J. P. Baichoo

The plaintiff, Unimac, brought a motion to vary previous orders requiring it to post security for costs in favour of the defendant, Metrolinx.

Unimac argued the orders were based on false and misleading evidence regarding the location of a related action, and that new evidence undermined the credibility of a key affidavit.

The Master dismissed the motion, finding that the location of the related action was not material to the original decision and that Unimac could have discovered the true location with due diligence.

The Master also found that the new evidence would not have had an important influence on the original decision.

Following a successful motion for security for costs, the moving party sought partial indemnity costs exceeding $51,000.

The responding party argued that no costs should be awarded or that costs should be reserved pending judicial review of the motion decision.

The court assessed the relevant Rule 57.01 factors including partial success on the motion, the complexity of the issues, the parties’ conduct, and the reasonableness of the time claimed in the costs outline.

While the moving party was the successful party, some claimed time was excessive and the security order represented only about 65% of what had been sought.

The court fixed partial indemnity costs at $25,000 inclusive of tax.

The moving party, Cobra Power Inc., sought costs following its successful motion to refer the action to a Master and the responding party's abandonment of a stay motion.

The court awarded substantial indemnity costs for the reference motion and full indemnity costs for the stay motion, finding that the responding party engaged in unreasonable delay tactics and made groundless, shrill allegations of professional misconduct against opposing counsel.

The defendant, Metrolinx, brought a motion for security for costs against the plaintiff, Unimac, in a construction lien action.

Metrolinx argued that Unimac had commenced multiple proceedings for the same relief and had insufficient assets in Ontario to pay costs.

The Master granted leave under the Construction Lien Act to bring the motion, finding that Metrolinx met its initial onus on both grounds.

Unimac failed to prove it had sufficient assets or that the multiplicity of proceedings was justified.

The Master ordered Unimac to post $264,712.73 as security for costs, discounting the requested amount to account for Metrolinx's counterclaim.

The moving party sought an order transferring an action from Newmarket to Toronto and assigning it to be heard with related proceedings arising from a large construction project.

The responding party challenged the jurisdiction of a master to order a change of venue and opposed the transfer.

The court held that Rule 13.1.02 of the Rules of Civil Procedure confers jurisdiction on a master to order a venue transfer, distinguishing authority concerning consolidation and stays under s. 107 of the Courts of Justice Act.

Applying the Rule 13.1.02(2)(b) factors, the court found that the events, subject matter, and related litigation were centred in Toronto and that transferring the matter would promote efficiency and avoid inconsistent findings.

The motion for adjournment was denied and the venue transfer ordered, while requests to have the action tried with other proceedings or referred to the master for trial were adjourned to be determined by a judge.