Oren Barbalat

Following the dismissal of the defendant's motion to strike a Notice of Examination, the parties made written submissions on costs.

The plaintiff sought substantial indemnity costs of $84,621.20, arguing the defendant's conduct was reprehensible.

The defendant argued for partial indemnity costs of no more than $30,000.

The court found the defendant's conduct did not warrant elevated costs and awarded the plaintiff partial indemnity costs in the all-inclusive amount of $45,000.

The defendant brought a motion to strike the plaintiff's notice of examination for discovery of the defendant's president, Linda Kuga, and sought to substitute Alessandro Mendes, Vice-President of Research and Innovation, as the corporate representative.

The court dismissed the defendant's motion, finding that the defendant failed to discharge its onus to show that Ms. Kuga was an inappropriate corporate representative.

The court applied the three-factor test for substituting a corporate representative, concluding that Ms. Kuga was sufficiently knowledgeable, it would not be oppressive to examine her, and the plaintiff would be prejudiced by examining a less knowledgeable subordinate.