Michael J.W. Round

Following a successful motion and the dismissal of a cross-motion for leave to bring a motion for security for costs, the court determined the appropriate costs award.

The successful party sought partial indemnity costs exceeding $10,000, while the opposing party argued for a reduced award.

The court accepted the successful party’s submissions, finding the time spent and counsel fees reasonable, including preparation and attendance time for the motion.

The court also considered additional telephone attendances required to finalize the order.

Costs were awarded on a partial indemnity basis in the amount claimed.

The plaintiff subcontractor brought a motion for leave to issue an amended Statement of Claim, an order for production of documents, and examinations for discovery in a construction lien action.

The defendant ABB brought a cross-motion for leave to seek security for costs.

The court granted the plaintiff's motion for production and discovery, finding that the plaintiff's claim went beyond a typical lien action by alleging direct contractual undertakings by ABB.

The court dismissed ABB's cross-motion for security for costs, finding insufficient evidence that the plaintiff lacked assets.