Marie-Pier Dupont

This is a costs endorsement following an appeal concerning a dispute among investors in a residential subdivision.

The appeal, brought by 1750714 Ontario Inc. et al., was dismissed.

The court determined the quantum of costs payable by the appellants to the respondent, 1750738 Ontario Inc., on a partial indemnity basis, considering factors such as complexity, importance of issues, and party conduct.

The court awarded a global amount of $32,000 to the respondent.

The defendants brought a motion to dismiss the plaintiffs' action for lack of jurisdiction.

The plaintiff, a police officer on leave serving as union president, was suspended and barred from police facilities following criminal charges.

He sued, alleging interference with his union duties.

The court found that the essential character of the dispute arose either under the collective agreement or the disciplinary regime of the Police Services Act.

Consequently, the court lacked jurisdiction and the action was dismissed.

Following the dismissal of the plaintiff's motion for summary judgment, the parties made written submissions on costs.

The defendant sought substantial indemnity costs of $40,985.14 under Rule 20.06, arguing the plaintiff acted unreasonably by pursuing a partial summary judgment contrary to appellate authority.

The plaintiff argued for costs in the cause or on a partial indemnity basis, and claimed costs thrown away for a prior adjournment.

The court found the motion was unnecessary and contrary to the principles of proportionality, but noted that some of the preparatory work would be useful for the main action.

The court awarded the defendant fixed costs of $15,000, payable at the conclusion of the action.

The plaintiff subcontractor brought a motion for summary judgment against the defendant general contractor for unpaid work on a construction project.

The general contractor's contract with the owner had been terminated due to delays, and the general contractor alleged the subcontractor contributed to those delays.

The court dismissed the motion, finding a genuine issue requiring trial because granting partial summary judgment risked inconsistent findings with the main action between the owner and the general contractor, where the subcontractor's role in the delay was a live issue.