Robert Howe

This is a costs decision following the dismissal of a summary judgment motion brought by the defendant school board.

The plaintiff sought costs of $22,322.50 on a partial indemnity basis or $34,446.63 on a substantial indemnity basis.

The defendant argued for costs of $10,551.37 on a partial indemnity basis.

The court awarded costs of $14,000 all-inclusive on a partial indemnity basis, considering the plaintiff's success, the applicable hourly rates in the Northwest Region, and the factors set out in the Rules of Civil Procedure.

The defendant, Lakehead District School Board, brought a motion for summary judgment to dismiss the plaintiff’s action on the basis of res judicata, cause of action estoppel, and abuse of process.

The plaintiff, David Brian Cavner, alleged he was sexually assaulted by a teacher in the 1960s and had previously brought a claim against the teacher, which was administratively dismissed for delay.

The Board argued that the plaintiff should not be able to bring a new claim against it based on the same facts.

The court found that the Board and the teacher were distinct parties, and that the previous dismissal was not an adjudication on the merits.

The motion for summary judgment was dismissed, allowing the plaintiff’s claim to proceed.

This action involved a counterclaim by an estate and its beneficiaries against a former plaintiff for the conversion of estate assets.

The former plaintiff's initial claim was discontinued, and his defenses to the counterclaim were struck, leading to an assessment of damages.

The court determined the value of converted assets and, after accounting for the former plaintiff's residuary interest, granted judgment against him.

Remaining estate assets were ordered to be vested in the beneficiaries.

In an interjurisdictional spousal support variation proceeding arising from a provisional order made in Nova Scotia, the court found the record insufficient to determine the parties' present rights and obligations.

The court directed that extensive additional financial disclosure be obtained from the applicant under s. 33(2) of the Interjurisdictional Support Orders Act, 2002, including income breakdowns, investment withdrawals, pension-related information, delay explanation, a fresh financial statement, equalization status, and an updated arrears statement.

Pending receipt of that information, the court exercised its authority under s. 33(3) to make a temporary support variation order.

Temporary spousal support was fixed at $900 per month commencing May 1, 2015, and the matter was adjourned.