Lawrence A. Pick

A costs decision following dismissal of an application in a multi‑jurisdictional commercial dispute.

The successful party sought partial indemnity costs exceeding $28,000 while the unsuccessful party requested that costs be fixed at approximately half that amount and payable in the cause.

Applying Rule 57 of the Rules of Civil Procedure, the court considered the complexity of jurisdictional issues, the experience and efficiency of counsel, and the reasonableness of the claimed hours and rates.

The court held that the appropriate award should reflect overall reasonableness rather than a line‑by‑line bill assessment and fixed costs at $25,000 inclusive of fees, disbursements, and HST.

The court also set aside a registrar’s administrative order dismissing the action as abandoned, finding no delay in prosecution.

The defendant, a resident of South Africa, brought a motion to stay the action for lack of jurisdiction or to strike the statement of claim.

The plaintiff, an Ontario corporation, alleged an international conspiracy involving the defendant that resulted in the misappropriation of funds intended for a wind power project.

The court applied the real and substantial connection test and found that the plaintiff established a good arguable case for jurisdiction, as the alleged tort and breach of contract had sufficient connections to Ontario.

The court also declined to strike the pleadings, finding them adequate at this early stage, and validated the service of the statement of claim despite technical deficiencies.