Following a motion to strike a statement of claim or dismiss or stay the action on the basis that it disclosed no reasonable cause of action and was frivolous or vexatious, the parties reached a consent resolution during the hearing whereby the plaintiff agreed to produce an amended statement of claim.
Both sides subsequently sought costs of the motion.
The court noted that the dispute arose partly because correspondence requesting particulars had not been received and that the matter could likely have been resolved without court proceedings had counsel communicated more effectively.
Given the mixed outcome and avoidable litigation steps, the court held that each side should bear its own costs.
