Jack Edmund Masterman

This standalone costs decision followed reasons continuing an interim injunction and certificate of pending litigation until trial.

The successful moving parties sought partial indemnity costs and disbursements, while the responding parties argued costs should be in the cause or reduced.

Applying the ordinary rule that costs follow the result and the discretion applicable to interlocutory injunction proceedings, the court fixed costs itself rather than reserving all costs to trial.

The court found the moving parties were largely successful and awarded reduced partial indemnity costs plus limited disbursements, while reserving transcript-cost issues to the trial judge.

The plaintiff, John Shane, sought damages from Ontario Aboriginal Housing Support Services Corporation (OAHS) for property damage caused by a fire in a rental unit leased to OAHS clients.

Shane claimed OAHS had orally agreed to cover all property damage caused by its clients, or, in the alternative, that OAHS was negligent in supporting the tenants.

The court found no oral contract existed, as there was no meeting of the minds or clear promise by OAHS to cover all damages.

The court also found no evidence of negligence by OAHS.

The claim was dismissed.

This summary judgment motion concerned a failed real estate purchase of a newly constructed home.

The plaintiff sought damages for breach of contract, while the defendants sought the return of their deposits.

The central dispute revolved around whether the agreement was void due to the plaintiff's late acceptance of a conditional term extension, despite a "time is of the essence" clause.

The court found that the defendants, by their subsequent actions (delivering a waiver, paying a second deposit, and later acknowledging inability to close while requesting mitigation), affirmed the contract.

The court concluded the contract was binding and anticipatorily breached by the defendants.

Damages were awarded to the plaintiff for the difference in sale price and some carrying costs, but not for all claimed expenses due to insufficient documentation.

The plaintiff, a golf course operator, sought an interim injunction to regain possession of the golf course after the defendant owner purported to terminate their lease agreement.

The lease included a profit-sharing arrangement.

The defendant alleged breaches including failure to obtain a liquor license, poor record-keeping, and self-dealing by the plaintiff's principals, specifically pocketing cash from memberships and restaurant sales.

The court dismissed the plaintiff's motion, finding that the plaintiff failed to establish a strong prima facie case or irreparable harm, and that the balance of convenience favored the defendant due to the plaintiff's "unclean hands" and the irreparable breakdown of trust in the profit-sharing venture.

The court determined costs for contempt proceedings initiated by Atif Kamran against Dan Andersson and LEO Canada Inc. While Kamran succeeded in having Andersson found in contempt for some breaches, Andersson successfully purged his contempt and resisted many of Kamran's requested penalties.

The court found success was divided, and Kamran's approach to the penalty phase was overly aggressive.

No costs were awarded to LEO Canada Inc. or Geraldine Aquino.

The court awarded Atif Kamran $40,000 in all-inclusive costs from Dan Andersson, on a partial indemnity basis, and dismissed Andersson's cross-motion for costs.

The plaintiff, Stephen Deak, brought an action against GreenMantra Recycling Technologies Ltd. concerning the validity of an overtime averaging agreement and a termination clause in his employment contract.

The court found the overtime averaging agreement invalid under section 22 of the Employment Standards Act, 2000, because it lacked an expiry date.

The court also found the termination clause unenforceable as it provided for a notice period less than the minimum prescribed by the ESA, thereby entitling the employee to statutory notice.

This endorsement addresses the costs of a successful motion brought by defendant Atif Kamran to remove Siskinds LLP as counsel for plaintiffs Dan Andersson and LEO Canada Inc., and to compel document production.

The court awarded costs to Mr. Kamran, payable by Mr. Andersson alone, fixed at $17,000.00 on a partial indemnity basis.

The court declined to award substantial indemnity costs, finding no reprehensible conduct by Mr. Andersson and noting that the defendants' settlement offer was technically deficient and lacked clarity, thus not engaging the presumptive consequences of Rule 49.10.

The court also considered the broader context of the litigation and the inflammatory nature of some allegations made by Mr. Kamran.