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The court awarded $14,000 in partial indemnity costs, adjusting hourly rates to reflect regional practice.
This is a costs decision following the dismissal of a summary judgment motion brought by the defendant school board.
The plaintiff sought costs of $22,322.50 on a partial indemnity basis or $34,446.63 on a substantial indemnity basis.
The defendant argued for costs of $10,551.37 on a partial indemnity basis.
The court awarded costs of $14,000 all-inclusive on a partial indemnity basis, considering the plaintiff's success, the applicable hourly rates in the Northwest Region, and the factors set out in the Rules of Civil Procedure.
A school board's motion for summary judgment based on res judicata and abuse of process was dismissed because a prior administrative dismissal against a teacher was not an adjudication on the merits.
The defendant, Lakehead District School Board, brought a motion for summary judgment to dismiss the plaintiff’s action on the basis of res judicata, cause of action estoppel, and abuse of process.
The plaintiff, David Brian Cavner, alleged he was sexually assaulted by a teacher in the 1960s and had previously brought a claim against the teacher, which was administratively dismissed for delay.
The Board argued that the plaintiff should not be able to bring a new claim against it based on the same facts.
The court found that the Board and the teacher were distinct parties, and that the previous dismissal was not an adjudication on the merits.
The motion for summary judgment was dismissed, allowing the plaintiff’s claim to proceed.
