Ms. Broderick (Self-represented)

The plaintiff brought a motion to compel 1346150 Ontario Inc., Sadie Moranis Real Estate Limited, and Bella Levy to comply with their obligations under Rules 30.02 and 30.03 of the Rules of Civil Procedure by serving affidavits of documents.

The motion, initially heard on February 26, 2020, was adjourned for continuation but further delayed due to the court's suspension of operations owing to COVID-19.

The court addressed the plaintiff's request to conclude the motion, considering health concerns raised by Mr. Moranis (representing the corporations).

The court directed the motion to continue in writing for the corporations, requiring Mr. Moranis to propose a deadline for document service, and set a timeline for Ms. Levy's submissions.

The court also noted that Mr. Moranis could not act as agent for Ms. Levy due to potential conflict of interest.

The court fixed costs following the dismissal of the plaintiff's motion to amend the statement of claim.

The defendants sought substantial indemnity costs, while the plaintiff argued for partial indemnity and proportionality.

The court awarded partial indemnity costs, finding the plaintiff's conduct unnecessarily complicated the proceedings and that the principle of proportionality should not override the court's concerns about the plaintiff's conduct.

Costs were also awarded to a non-party.