Karen B. Groulx

ABCO brought a motion for the production of documents from an ongoing arbitration involving Pomerleau and the TTC.

After the motion was adjourned, ABCO abandoned it, citing timing issues for the upcoming trial.

Pomerleau sought costs thrown away on a full indemnity basis.

The Master found that ABCO's motion was brought too late, lacked sufficient evidence of necessity, and appeared to be a fishing expedition.

Pomerleau was awarded $12,000 in costs.

The defendant, Pomerleau Inc., brought a motion to adjourn a scheduled 18-day trial on the basis that a pending contested bankruptcy motion against the plaintiff, ABCO One Corporation, would likely result in bankruptcy, rendering trial preparation a waste of money.

The court granted leave for the motion under the Construction Lien Act but dismissed the motion to adjourn.

The court relied on expert evidence that a bankruptcy judge would likely stay any bankruptcy order to allow the trial to proceed, and noted that adjourning the trial might improperly influence the bankruptcy judge.

The court awarded costs of $1,000 to the plaintiff, reduced because the matter could have been handled more efficiently via a case conference.