Kevin Raynald Joseph Caron

The appellants brought a motion for leave to appeal the decision of Corthorn J. dated November 4, 2019.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties fixed at $5,000 inclusive.

The parties were unable to resolve costs following a motion and cross-motion where the court stayed assessment orders pending the completion of a related negligence action.

The respondent sought full indemnity costs of $41,045.00.

The court determined that because the litigation is ongoing and the assessment is intertwined with the negligence action, the fairest result is for costs to be in the cause.

Costs for the motion and cross-motion were reserved for the trial judge.

This is a costs endorsement following a motion and cross-motion where the court stayed assessment orders pending a negligence action.

The applicant argued the granted relief was not sought, but the court clarified that a stay was requested by the respondent and affirmed its inherent power to stay proceedings under s. 106 of the Courts of Justice Act.

The court determined that costs for the interlocutory motions should be "in the cause" and reserved for the trial judge, citing the intertwined nature of the issues with the negligence action and the many possible outcomes.

The Applicant law firm sought assessment of outstanding accounts.

The Respondent client brought a cross-motion to stay the assessment proceedings pending the outcome of a negligence action against the law firm.

The court granted the stay, finding that the negligence action raised serious allegations, involved significantly higher damages, and its outcome would likely determine the assessment, thus avoiding multiplicity of proceedings and conflicting findings.