Raymond Colautti

Following the dismissal of the plaintiffs' motion to enforce a settlement in a motor vehicle accident claim, the court determined the costs of the motion.

The defendant sought full indemnity costs of $122,826.71, arguing the plaintiffs' counsel made misleading statements during a pretrial that led to the repudiated settlement.

The court awarded partial indemnity costs fixed at $100,000 to the defendant.

The court declined to order costs personally against the plaintiffs' counsel under Rule 57.07(1), finding that while counsel's representations led to the settlement, the costs of the motion were caused by the plaintiffs' tactical decision to seek enforcement rather than proceed to trial.

The plaintiff obtained a judgment against the defendant debtor and subsequently brought an action alleging the debtor fraudulently conveyed properties to the other defendants.

The debtor later declared bankruptcy and was discharged.

The plaintiff brought a motion for summary judgment seeking damages against the transferees.

The court dismissed the motion, finding that the plaintiff failed to follow the correct procedure under the Bankruptcy and Insolvency Act, as the claim belonged to the bankruptcy estate and the plaintiff should have pursued remedies in bankruptcy court rather than seeking damages in civil court.

Following the dismissal of the plaintiffs' action for malicious prosecution and other torts against multiple public servants and entities, the successful defendants sought costs.

The court considered the Rule 57.01 factors, noting the complexity of the case, the plaintiffs' unfounded allegations of malice and conspiracy, and the defendants' reasonable offers to settle.

The court fixed costs at $260,000 for the municipal defendants and $231,100 for the provincial defendants, representing an amount between partial and substantial indemnity.

The plaintiffs owned a property that was intentionally set on fire by a tenant, resulting in severe injuries to occupants.

The police and fire marshal investigated and concluded the property was an illegal rooming house with multiple Fire Code violations that contributed to the spread of the fire.

The plaintiffs were charged with arson by negligence under s. 436 of the Criminal Code, but were discharged at the preliminary inquiry.

They subsequently sued the investigating police officer, fire marshal investigators, and their municipal employers for malicious prosecution, abuse of process, negligent investigation, and Charter breaches.

The Superior Court dismissed the action in its entirety, finding no evidence of malice or bad faith, and concluding that the investigating officer had reasonable and probable grounds to lay the charges based on the evidence gathered.