Laney Paddock

Following the dismissal of the plaintiffs' defamation action as a SLAPP suit under section 137.1 of the Courts of Justice Act, the successful defendants sought costs.

The court applied the presumption under section 137.1(7) that the defendants are entitled to full indemnity costs.

Finding the requested amount reasonable for a complex motion, the court awarded the defendants costs of $63,572.84 on a full indemnity basis.

The respondent, KingSett Mortgage Corporation, moved to quash an appeal brought by 30 Roe Investments Corp. from an order appointing a receiver over nine condominium units. 30 Roe argued it had an appeal as of right under s. 193(c) of the Bankruptcy and Insolvency Act and alternatively sought leave to appeal under s. 193(e).

The Court of Appeal granted the motion to quash, confirming that no appeal as of right exists from a receivership order under s. 193(c).

The Court also dismissed the motion for leave to appeal, finding the proposed appeal lacked merit, did not raise an issue of general importance, and would unduly hinder the receivership proceedings.