2 total
Costs awarded to successful defendants on a substantial indemnity basis following a dismissed summary judgment motion.
The defendants sought costs on a full or substantial indemnity basis after successfully defeating the self-represented plaintiff's motion for partial summary judgment.
The plaintiff argued costs should be reserved to the trial judge and that an award would be a miscarriage of justice due to his impoverishment.
The court rejected the plaintiff's arguments, finding the motion was made unnecessarily complex by the plaintiff's presentation.
Costs were awarded to the defendants on a substantial indemnity basis, fixed at $12,000 for fees plus disbursements and HST.
Motion to set aside dismissal for delay denied due to significant prejudice to defendants.
The plaintiffs moved to set aside a Registrar's order dismissing their slip and fall action for delay.
The action was dismissed after plaintiffs' counsel failed to set the matter down for trial or respond to a status notice due to inadvertence.
The court applied the Reid criteria and found that while inadvertence was shown, the motion was not brought promptly and the defendants would suffer significant prejudice.
The defendants had lost their ability to crossclaim against a co-defendant who was responsible for maintaining the premises, and maintenance records and witnesses were no longer available.
The motion to set aside the dismissal was dismissed.
