Krysten Elizabeth Fisher

Costs decision arising from a motion to compel answers to undertakings in a wrongful dismissal action.

The plaintiff brought the original motion but by the hearing date the substantive issues had been resolved, leaving only costs.

The court found the motion was not the catalyst for the defendant's compliance, as the defendant had been working to address concerns before the motion was served.

The court also found the plaintiff's rigid and adversarial approach in continuing to press the motion after the issues were largely resolved did not warrant a costs award.

Applying the principle that costs generally should not be awarded where a motion is settled on all issues except costs absent exceptional circumstances, the court ordered each party to bear their own costs.

The appellants failed to appear at the appeal hearing before the Court of Appeal for Ontario.

Despite receiving notice of the adjournment, they did not contact the court regarding the status of the appeal.

The court reviewed the written materials and determined that the appeal had no reasonable prospect of success.

The appeal was dismissed and costs were awarded to the respondent.