Lisa Goodfellow

The plaintiff brought a motion to transfer the action from Ottawa to Toronto.

The court dismissed the motion without costs, noting that a prior order had already transferred the action to Toronto and there was no evidence the order had been set aside or varied.

Following a successful injunction motion, the Plaintiff, Ontario Graphite Ltd., sought substantial indemnity costs of $130,886.09.

The Defendants argued for costs to be reserved or in the cause.

The court found the Plaintiff achieved substantial success on the motion, which involved important issues.

Considering the extensive materials, the utility of the information for the ongoing action, and the Plaintiff's reasonable settlement efforts, the court awarded the Plaintiff $80,000.00 in costs, inclusive of disbursements and taxes, to be paid within 60 days.

This award is without prejudice to further submissions on costs at trial.