Oliver Guillaume

The defendant moved to dismiss the plaintiff's personal injury action for failure to comply with two previous court orders requiring the plaintiff to answer undertakings and refusals, and to pay costs.

The court found that while the plaintiff had made substantial progress on the undertakings and refusals, she had failed to pay the previously ordered costs of $10,203 without a valid explanation.

The court ordered the action stayed pending payment of the costs within 60 days, failing which the action would be dismissed.

The moving party brought a motion for leave to appeal an earlier order.

The Divisional Court dismissed the motion for leave to appeal and awarded all-inclusive costs of $3,500 to the municipal respondent and $5,000 to the regional and corporate respondents, payable within 30 days.

The defendants brought a motion for leave to appeal the order of Doi J. dated January 23, 2020.

The Divisional Court granted the motion for leave to appeal, with costs of the motion fixed at $5,000 payable in the discretion of the appeal panel.

Following the plaintiff's success in resisting an appeal from a Master's order, the parties made written submissions on costs.

The plaintiff sought costs on a substantial indemnity scale or, alternatively, on a partial indemnity scale.

The court found no reason to award costs on an elevated scale and fixed the plaintiff's costs on a partial indemnity basis at $4,000 inclusive of disbursements and taxes.