Partial indemnity costs of $5,500 awarded to respondent following dismissal of appellant's leave to appeal motion.
The respondent was successful in defeating the appellant's motion for leave to appeal an interlocutory order dismissing a stay motion.
The respondent sought costs of $8,026.68 for the motion and additional costs for the appeal that was commenced as of right before the appellant realized leave was required.
The court noted the underlying action was a Rule 76 claim for $22,000 in unpaid rent, making the costs claimed disproportionate.
The court awarded partial indemnity costs, fixing the costs of the motion at $3,700 and the costs of the abandoned appeal at $1,800.
805882 Ontario Inc. v. Moffat, 2010 ONSC 1041
