Nicholas Robar

Following a motion to strike where the defendant achieved partial success, the parties made written submissions on costs.

The defendant sought $10,000 on a partial indemnity basis, while the plaintiff argued for $5,000 or no costs due to mixed success.

The court found that success was not divided, as the plaintiff's position had morphed and required further particulars.

The court awarded the defendant $8,000 in costs.

The applicant sought to enforce Letters Rogatory issued by a United States District Court to compel the examination of two former employees of a corporate defendant, including its former in-house counsel.

The former in-house counsel opposed the application.

The court dismissed the application against the former in-house counsel, finding that the applicant failed to demonstrate her evidence was necessary for trial or not otherwise obtainable from other former executives.

The court concluded that enforcing the Letters Rogatory would impose an undue burden on the respondent.

Following a 31-day trial where the plaintiff was awarded $11 million in damages, the court determined the quantum of costs payable to the plaintiff.

The parties agreed that partial indemnity was the appropriate scale.

Applying the factors under Rule 57.01(1) of the Rules of Civil Procedure, the court fixed the plaintiff's partial indemnity fees at $675,000 plus HST and disbursements at $238,000 inclusive of HST.

An investor that had acquired the rights of a bankrupt Indigenous‑owned technology company sued a software corporation for breach of contract arising from a failed strategic partnership.

The plaintiff alleged the defendant committed to invest $1.5 million and provide technological support but later withdrew, causing the company’s collapse.

The court found a binding agreement was formed through oral approval and a confirming letter, and that the defendant’s internal corporate approval issues did not negate the contract.

Alleged misrepresentations regarding finances, market size, and potential investors were rejected.

Applying a modified valuation based on projected business plans and discounting for risk, the court awarded damages for the lost business opportunity.