O. Barnwell

The third party brought a motion for default judgment on its counterclaim against the defendants, while the defendants brought a motion declaring the counterclaim improper.

The parties resolved the substantive issues on consent but could not agree on costs.

The court reviewed the conduct of both parties, noting the third party's premature noting in default and the defendants' failure to retain counsel promptly.

The court concluded that both parties bore some responsibility for the costs incurred and ordered that each party bear their own costs.

The plaintiff, Unimac, brought a motion to vary previous orders requiring it to post security for costs in favour of the defendant, Metrolinx.

Unimac argued the orders were based on false and misleading evidence regarding the location of a related action, and that new evidence undermined the credibility of a key affidavit.

The Master dismissed the motion, finding that the location of the related action was not material to the original decision and that Unimac could have discovered the true location with due diligence.

The Master also found that the new evidence would not have had an important influence on the original decision.