N. Joan Kasozi

Following a successful motion by the defendants to stay the plaintiffs' action on the basis of jurisdiction simpliciter and forum non conveniens, the court determined the quantum of costs.

The defendants sought partial indemnity costs totaling over $260,000.

The court found the requested amounts excessive given the length and complexity of the hearing, and ordered the plaintiffs to pay $50,000 to Israel and $36,000 to CTCC, inclusive of disbursements and HST.

The plaintiffs, Argentine citizens, brought an action in Ontario against the State of Israel and its Canadian fiscal agent, seeking to recover proceeds from two bonds issued by Israel in the name of their great-uncle's estate.

The defendants brought a motion to stay the proceeding, arguing that Ontario lacked jurisdiction simpliciter or, alternatively, that Israel was the more appropriate forum.

The court granted the motion, finding that the presumptive connecting factors to Ontario were weak and rebutted, as the core of the dispute involved contracts formed and torts allegedly committed outside of Ontario.

Furthermore, the court held that even if it had jurisdiction, it would decline to exercise it because Israel was clearly the more appropriate forum based on the location of witnesses, applicable law, and enforcement considerations.

Following the successful dismissal of the plaintiff's action under the anti-SLAPP provisions of the Courts of Justice Act, the defendant sought costs on a full indemnity basis.

The plaintiff argued for no costs or a reduced amount.

The court found no reason to depart from the presumptive entitlement to full indemnity costs under s. 137.1(7).

Costs were fixed at $20,000, inclusive of fees, disbursements, and HST.

The plaintiffs brought a proposed class action for civil conspiracy, defamation, and intentional infliction of mental distress against the defendants for distributing alleged hate speech pamphlets at a Pride Parade.

The lead defendant moved to dismiss the action under the anti-SLAPP provisions and as an abuse of process, and alternatively to strike the claim.

The plaintiffs moved for a Norwich Order to identify the anonymous co-defendants.

The court held that the defendant was estopped from denying the pamphlets were hate speech based on a prior Supreme Court decision, and thus the anti-SLAPP motion failed.

However, the court struck the class action because the torts pleaded are individual in nature and cannot be brought on behalf of a collective group.

The court granted leave to amend the claim to an opt-in joinder action and granted the Norwich Order on terms.