Mai Nguyen

The defendants brought a motion for leave to appeal the order of Skarica J. dated February 4, 2020.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding party, payable jointly and severally by the moving parties.

The plaintiff successfully defeated the defendants' summary judgment motion in a condominium construction defect case.

The plaintiff had previously served an offer to settle the motion on terms more favourable than the outcome.

The court awarded the plaintiff substantial indemnity costs of $42,812.79, finding the time spent reasonable given the complexity and volume of materials.

The court ordered these costs to be set off against $26,879.89 the plaintiff owed the defendants from previous motions, resulting in a net payment of $15,932.90 to the plaintiff.

Following a 16-day jury trial where the plaintiff's claim against the police defendants was dismissed, the parties made written submissions on costs.

The defendants sought substantial indemnity costs of $296,602.70 based on an offer to settle and allegations of intentional torts against an officer.

The court declined to award substantial indemnity costs, finding the offer did not trigger such consequences and the allegations did not warrant them.

Costs were awarded to the defendants on a partial indemnity basis, fixed at $127,000 all-inclusive, after deductions for travel time and a second counsel.

The appellant appealed an order refusing to set aside a default judgment.

The Court of Appeal dismissed the appeal, finding no reason to interfere with the motion judge's assessment that the appellant failed to offer a plausible explanation for her default, as she had advanced a patently false assertion that she was not the person named in the statement of claim.