Following a successful discovery motion compelling the plaintiff to answer outstanding undertakings and pay the costs of obtaining relevant documents, the court addressed disputes regarding the form of the resulting order and the costs of the motion.
The plaintiff argued that certain undertakings, including production of a recent income tax return, should not be included in the order, but the court rejected that position and confirmed the order should reflect the undertakings as set out in the motion materials.
The defendant sought substantial indemnity costs of the motion, while the plaintiff argued the motion was straightforward and that the time claimed by defence counsel was excessive.
Applying Rule 57.01(1) of the Rules of Civil Procedure and considering reasonable expectations of the losing party, the court awarded partial indemnity costs in a reduced amount.
Costs were fixed at $4,800 payable by the plaintiff within 30 days.
