M. Gerhard

Following a motion regarding the examination for discovery of the defendant's representative, the parties were unable to agree on costs.

The plaintiff sought substantial indemnity costs, while the defendant argued the parties should bear their own costs.

The court found that while both parties shared responsibility for the conduct of the motion, the defendant's refusal to re-produce the deponent necessitated the motion.

The court awarded the plaintiff costs fixed at $4,000 on a partial indemnity scale.

The plaintiff brought a motion to compel the City of Toronto's representative to re-attend an examination for discovery and to answer various undertakings and refusals, alleging improper conduct by the City's counsel.

The Master found no misconduct by the City's counsel that would render the examination futile.

However, applying principles of proportionality and noting that some refusals were improper, the Master ordered the City's representative to re-attend virtually for 30 minutes to answer follow-up questions and directed the City to provide specific clarifications regarding winter maintenance records and procedures.