Following dismissal of the plaintiff’s employment-related claim under the Simplified Procedure, the court determined costs.
The defendant sought costs based on the plaintiff’s litigation conduct, including refusal to consent to a pleading amendment, late service of materials, failure to comply with procedural timelines, and conduct that caused adjournment of the trial.
The court considered the discretion under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, along with the parties’ settlement offers under Rule 49.
The court found the plaintiff’s conduct lengthened the proceedings and warranted costs above partial indemnity.
Costs were fixed in favour of the defendant in the amount of $38,000 inclusive of disbursements and HST.
