Michael John Arthur Beeson

This costs decision follows a motor vehicle collision case in which the plaintiff, Ronald Busch, suffered serious injuries and sued the defendant, Cristy Mitton.

Mitton brought a third-party claim against the Ministry of Transportation for Ontario and Carillion Canada Inc. The main action settled for $210,000 plus interest, with costs to be determined.

The court found the Ministry's refusal to accept the settlement as reasonable to be entirely unreasonable, resulting in additional costs.

The court awarded the plaintiff $282,251.79 in costs and the third parties $155,739.31, with reductions applied due to lack of evidence of actual legal rates charged.

The decision clarifies the approach to costs where third-party claims and late settlements are involved.

This endorsement addresses the costs of an application where Mostofa Miah, operating Mia's Indian Cuisine, successfully obtained injunctive relief and a declaration that his lease and lease extension agreement were valid against his landlord, 1000087635 Ontario Inc. The court awarded substantial indemnity costs to Miah, finding that the landlord's conduct throughout the litigation, including asserting a non-existent lease invalidity, making unfounded accusations, and engaging in dilatory tactics, warranted an elevated costs award.

The applicant sought a declaration that a right of first refusal (ROFR) on her property was extinguished and an order for its removal from title.

The ROFR was triggered by a third-party offer, which the respondent exercised but then failed to complete.

The court interpreted the ROFR clause and common law principles, concluding that the ROFR was extinguished once exercised, even if the transaction was not completed, as the clause did not provide for reinstatement in such circumstances.

The application was granted, and the ROFR was ordered removed from title.

The Caisse Populaire de North Bay Limitée moved for summary judgment seeking possession of a mortgaged property due to default on two mortgages and dismissal of the defendant's counterclaim alleging oppressive conduct.

The defendant, Christi-Anne Marie Lafrance, disputed the validity and amounts of the mortgages, arguing they were stayed or discharged by her bankruptcy, and that the Caisse engaged in oppressive conduct.

The court granted leave to amend the plaintiff's name to Caisse Populaire Alliance Limitée, granted summary judgment on the Caisse's claim, and dismissed the counterclaim, finding no genuine issue for trial.

The court clarified that secured debts are not stayed or discharged by bankruptcy if the debtor continues to benefit from the contract.

The plaintiff, Jennifer Horrocks, brought an ex parte motion for leave to register certificates of pending litigation against properties sold by the defendant, Bruce McConville, and related corporate entities.

The plaintiff alleged these sales were fraudulent conveyances designed to defeat her family law claims for equalization and support.

The court granted the motion, finding a high probability of the plaintiff recovering judgment in the main family law action, sufficient evidence of intent to defeat creditors based on several 'badges of fraud,' and that the balance of convenience favored issuing the certificates to prevent further disposition of assets to bona fide purchasers without notice.