J.S. Schacter

This decision concerns the costs of a successful motion brought by the plaintiffs.

The court reviewed the parties' submissions, considering factors such as the nature and complexity of the motion, the amount claimed in the action, the defendant's conduct (including fulfilling undertakings and making concessions), and the proportionality of the requested costs.

While finding the plaintiffs wholly successful, the court determined that the quantum of costs requested was disproportionately large and applied a discount to the partial indemnity costs.

The plaintiffs brought a motion to compel the defendant to answer questions refused during his examination for discovery.

The underlying action sought to enforce a Utah default judgment against the defendant.

The defendant had pleaded that he was denied natural justice in the Utah proceeding because he was legally prohibited from participating and was totally impecunious.

The Master ordered the defendant to answer questions regarding his financial capacity and whether he had received legal advice about participating in the Utah proceeding, finding that he had put his state of mind and financial capacity in issue.

The Master also ordered the defendant to specify which statements in a prior Stipulation of Fact he alleged were false.