Robert Moubarak

This costs endorsement followed a successful motion by the defendants, Aplus General Contractors Corporation and The Regional Municipality of Peel, for an order requiring the plaintiff, 2041094 Ontario Inc. operating as TLN Masonry, to post security for costs.

The court found TLN's conduct in delaying the motion and opposing it without merit to be unreasonable, justifying an award of costs on a substantial indemnity scale.

However, the final award was limited to the actual fees charged by Aplus's counsel, which were less than their substantial indemnity rates.

The court awarded Aplus $15,459.65 in costs.

The defendant general contractor brought a motion for security for costs against the plaintiff subcontractor in a construction lien action.

The motion was brought after the action had been set down for trial.

The plaintiff opposed the motion, arguing that the defendant had unreasonably delayed and failed to seek leave under the Construction Lien Act and Rule 48.04.

The court found that the delay was primarily caused by the plaintiff's counsel's failure to cooperate in scheduling the motion.

The court granted leave to bring the motion and ordered the plaintiff to post $27,000 in security for costs, finding that the plaintiff had insufficient assets, failed to prove impecuniosity, and failed to show its claim had a good chance of success.