Nahla Khouri

The plaintiff condominium corporation moved to amend its statement of claim to add a claim for damages related to the repair and replacement of a transformer, alleging violations of environmental regulations and fraudulent concealment by a former director.

The motion was opposed by several defendants on the grounds that the new claim was statute-barred by the two-year limitation period and constituted an abuse of process due to a pending arbitration.

The court dismissed the motion, finding that the plaintiff's claim was statute-barred as the limitation period began when its corporate solicitor received an order from Environment Canada in February 2014, putting it on notice of the damage, and that full quantification of damages was not required to start the clock.

The court also rejected the argument that a civil action was not an "appropriate means" to seek a remedy at that time.

This is a costs endorsement following the dismissal of the defendants' motion for summary judgment.

The plaintiffs, as the successful parties, sought costs on a partial indemnity scale.

The defendants argued their motion was reasonably brought and narrowed issues, and that the requested costs were excessive.

The court awarded costs to the plaintiffs, fixing fees at $41,049 and disbursements at $792.40, totaling $47,280.78 including HST, to be paid within 30 days.

The court applied a 60% partial indemnity rate, considering the significance and complexity of the underlying motion.