Martin Erik Tiidus

This endorsement addresses the costs of an unsuccessful summary judgment motion brought by the defendant Andrew Ferri seeking dismissal of the plaintiff's claim.

The motion was dismissed, making the plaintiff the successful party.

The plaintiff sought costs on a partial indemnity basis, while the defendant argued costs should be deferred to the trial judge.

The court, applying Rule 57.01(1) of the Rules of Civil Procedure, found the plaintiff was entitled to costs.

Considering the factors, including the defendant's self-representation but prior legal counsel, the court fixed costs at $9,688.42, inclusive of disbursements and HST, to be paid by Andrew Ferri to the plaintiff within 30 days.

The defendant, Andrew Ferri, brought a motion for summary judgment seeking dismissal of the plaintiff's claim.

Ferri argued that the plaintiff corporation's representative lacked authority to commence the action, alleging that the true principal shareholder had not authorized it and that a key affidavit was forged or obtained through misrepresentation.

The plaintiff, 1238915 Ontario Limited, contended that there were significant triable issues and credibility disputes.

The court found numerous genuine issues requiring a trial, including allegations of forgery and misrepresentation, which could not be resolved on a summary judgment motion.

Consequently, the motion for summary judgment was dismissed.

Following a successful application declaring the respondent a vexatious litigant under s. 140 of the Courts of Justice Act, the court determined the appropriate costs award.

The applicant sought substantial indemnity costs of $38,475 for the vexatious litigant application.

The respondent argued costs should be minimal or deferred due to impecuniosity and pending related actions.

The court held that substantial indemnity costs were justified due to the respondent’s conduct in prosecuting the underlying actions that prompted the vexatious litigant application.

Costs of $38,475 were awarded to the applicant on a substantial indemnity basis, payable in any event of a related action upon its completion.