This was a costs decision following a summary judgment motion in an insurance consent dispute arising from a motor vehicle accident.
Although the moving defendant ultimately succeeded on the underlying motion and had served favourable offers to settle, the court held the motion process was unnecessary because he failed for years to answer undertakings and produce contemporaneous insurer communications that would likely have resolved the coverage dispute earlier.
Applying the costs discretion under s. 131 of the Courts of Justice Act and the Rule 57.01 factors, with particular emphasis on whether an unnecessary step was taken, the court awarded costs against the moving defendant to the insurer respondent.
The decision emphasizes the post-Hryniak culture shift requiring timely disclosure and cooperative, proportionate litigation conduct.
