Rachel Goerz

This costs endorsement followed a one-day motion brought by Hanan El Badry to set aside a default judgment obtained by 620369 Ontario Inc. The motion was successfully opposed by 620369 Ontario Inc., making them prima facie entitled to costs.

The court found the motion was not unusual or complex and awarded partial indemnity costs, fixed at $5,000 all-inclusive, to be paid by Hanan El Badry to 620369 Ontario Inc. The court excluded costs related to bankruptcy proceedings or judgment enforcement as outside its jurisdiction.

Hanan El Badry brought a motion to set aside a default judgment obtained by 620369 Ontario Inc. (HBC) for breach of trust.

The court determined that the judgment, despite being labeled a default judgment, was essentially a consent judgment due to Minutes of Settlement signed by Hanan and Ottawa Permanent Roofing Inc. Applying the stricter test for setting aside consent judgments, which requires grounds such as fraud or issues with agreement formation, the court found that Hanan failed to provide sufficient evidence to set aside either the Minutes of Settlement or the judgment.

The court also addressed the argument regarding the lack of particulars for breach of trust in the pleadings, concluding that this was not a valid reason to set aside a consent judgment, as a defendant can admit to a general allegation.

Hanan's motion was dismissed.

The defendant brought a motion to enforce a settlement agreement reached with the plaintiff regarding an outstanding Small Claims Court judgment.

The parties had agreed to settle for $24,000, but the defendant refused to sign the plaintiff's standard Minutes of Settlement because they did not include a separate full and final release.

The court found that the Minutes of Settlement implied a release and that a separate full and final release was not appropriate as the settlement was strictly limited to the judgment debt.

The court held that the defendant repudiated the settlement by refusing to sign the documents and pay the funds, and dismissed the motion.

Following a motion where the plaintiff was successful, the plaintiff sought costs on a substantial or partial indemnity basis.

The court considered the factors under Rule 57.01(1) of the Rules of Civil Procedure and the principles of reasonableness and proportionality.

Costs were awarded to the plaintiff on a partial indemnity basis, fixed at $1,588.60.

The plaintiff brought a motion for security for costs against the defendant regarding the defendant's appeal of a Deputy Judge's decision.

The court applied Rule 61.06(1) of the Rules of Civil Procedure, assessing whether there was good reason to believe the appeal was frivolous and vexatious and whether the defendant had insufficient assets in Ontario.

Finding that the appeal had minimal prospect of success and that there was no evidence of sufficient assets to pay costs, the court ordered the defendant to pay $8,000 into court as security for costs.