This decision addresses the costs arising from three related motions in a professional negligence action.
The plaintiff sought to strike a portion of the statement of defence, while the defendants sought production of an unredacted affidavit and removal of plaintiff's counsel.
The court previously ruled that the improvident settlement defence should not be struck and ordered affidavit production (defendants successful on these two), and dismissed the motion to remove counsel (plaintiff successful).
The court determined that the motions should be viewed discretely, not collectively, for costs purposes.
Ultimately, the defendants were awarded net costs of $3,356.19, reflecting their success on two of the three motions.
