Mario Proulx

Following an administrative error where court staff failed to forward the respondent's costs submissions to the judge, the court reconsidered its initial costs order.

The court fixed the costs for the respondent, Menzies & Associates, at $20,000, payable by the appellants within 30 days.

Following an appeal where the appellants failed to file written submissions on costs, the Divisional Court awarded costs to the successful respondents.

The court awarded $30,000 to Woods Parisien, $20,000 to the Ville de Hawkesbury, and $20,000 to Menzies, payable by the appellants within 30 days.

The appellants appealed a Master's decision dismissing their action against a municipality and their counterclaim against several lawyers for delay, and ordering them to post security for costs to defend an action for unpaid legal fees.

The Divisional Court found no palpable or overriding error in the Master's findings that the delay was inordinate, inexcusable, and prejudicial, particularly given the death of a key witness.

The court also dismissed a motion to introduce fresh evidence on appeal, finding the evidence was available at the original hearing and unreliable.

The appeal was dismissed, and the appellants were ordered to pay $109,212.89 into court within 90 days to maintain their defence in the fee action.