Robert D. Moss

This endorsement addresses costs following a successful motion for default judgment brought by the defendant Joseph Gavin Briggs against the plaintiffs Joe Alessandro and Law Help Ltd. Briggs was awarded $45,285.00 in damages on his counterclaim.

The court, applying factors under Rule 57.01 and s. 131 of the Courts of Justice Act, found the plaintiffs' obstructive conduct increased litigation costs and that Alessandro had abused Briggs' trust.

The court also affirmed that costs may be awarded even when counsel acts pro bono.

Briggs was awarded $15,000.00 in costs.

This is an appeal concerning the addition of a third party (Cruickshank Construction Limited) to a lawsuit and the application of limitation periods.

The defendants in the original action sought to add Cruickshank as a third party, alleging it was responsible for winter maintenance on Highway 401 where an accident occurred.

The motion judge allowed the addition, finding the claim was not statute-barred and that Cruickshank could not plead a limitation defence.

Cruickshank appealed, arguing the motion judge erred in finding a reasonable explanation for the delay in discovering the claim and in preventing them from pleading a limitation defence.

The Court of Appeal dismissed the appeal, upholding the motion judge's decision, finding no palpable and overriding error in the discovery analysis, and affirming the judge's discretion to make a final determination on the limitation issue given the comprehensive record and the age of the litigation.