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Request to reactivate deferred application denied as related WSIB and LTD proceedings remained ongoing.
The applicant filed a Request for an Order During Proceedings seeking to reactivate his human rights application, which had been deferred pending the conclusion of related WSIB and long-term disability (LTD) proceedings.
The respondent opposed the request, noting that the WSIB decision was still subject to objection and the LTD matter was ongoing before the Superior Court of Justice.
The Tribunal found that the related proceedings had not been definitively resolved and denied the request to reactivate the application.
Court fixes reduced costs after unsuccessful summary judgment motion.
The defendants sought costs following the dismissal of the plaintiff’s summary judgment motion in an action seeking specific performance of a purported oral commercial lease.
The court had previously determined that the matter could not be fairly resolved on summary judgment and directed that it proceed to an expedited trial.
In determining costs, the court considered that a significant portion of the defendants’ preparation and cross-examinations would benefit the upcoming trial and should not be fully compensated at this stage.
The court therefore limited the recoverable costs to reasonable amounts for the motion itself.
Specific costs were fixed for each group of defendants’ counsel, with limited disbursements allowed.
