M. Blair Anderson

Following the dismissal of an action on summary judgment, the successful defendant sought costs.

The self-represented plaintiff did not respond to the requested amount and instead indicated an intention to appeal.

The court reviewed the defendant’s detailed bill of costs, which included internal chargeback rates for in-house counsel and law clerks.

While accepting that the defendant was entitled to substantial costs given the seriousness of the allegations and procedural history, the court made a global reduction to account for overlapping time entries and travel-related fees.

Costs were fixed and ordered payable jointly and severally by the plaintiffs.

The defendant insurer brought a motion for summary judgment and to strike the plaintiffs’ action alleging damages arising from alleged unpaid commissions and wrongful conduct in terminating an insurance producer agreement.

The court found the claim was commenced well beyond the two‑year limitation period under the Limitations Act, 2002.

The plaintiff argued that psychiatric illness rendered him incapable of commencing proceedings, but the evidence, including medical records and his own conduct, did not establish incapacity sufficient to suspend the limitation period.

The court also held that the pleadings failed to disclose reasonable causes of action for mental distress damages, breach of fiduciary duty, breach of duty of good faith, punitive damages, or loss of business.

The motion was granted and the action dismissed without leave to amend.