The plaintiff brought a motion seeking a timetable for discovery and mediation, and costs for an earlier, abandoned motion to strike the defendant's statement of defence due to delay in document production.
The parties consented to a timetable, rendering the motion to strike moot, but the plaintiff pursued costs.
The court found exceptional circumstances warranted an award of costs to the plaintiff, citing the defendant's significant and unexplained delay of over 25 months in providing initial document disclosure.
The court awarded partial indemnity costs to the plaintiff, emphasizing the importance of timely disclosure for civil justice.
