J. Scourgie

Following the dismissal of the defendant's motion for partial summary judgment, the successful plaintiff sought costs on a partial indemnity scale.

The defendant argued the claimed amount was excessive and objected to the plaintiff's 'team approach' to the litigation.

The court found the division of labour reasonable but applied a discount to reflect the junior lawyers' experience and the fact that some work would apply to trial preparation.

Costs were fixed at $53,231.77 inclusive of fees, disbursements, and HST.

Chartis Insurance Company of Canada moved for partial summary judgment to dismiss a claim by Walsh Construction/Bondfield Partnership for payment on a performance bond, arguing the action was statute-barred.

The court found that determining whether the claim was statute-barred required extensive factual findings regarding the subcontractor's actual default, proper notice, and cure of defaults, which constituted genuine issues requiring a trial.

The motion was dismissed due to the complexity of the factual matrix and the risk of inconsistent findings with related construction lien actions involving other parties.