R. Sutton

Following the dismissal of the defendants' motion for leave to appeal, the plaintiff sought costs of $40,000 on a substantial indemnity basis, relying on an offer to settle.

The court rejected the request for substantial indemnity costs, finding the offer was not a true compromise and did not trigger Rule 49.10.

Considering the complexity and significance of the litigation, the court fixed costs at $10,000 inclusive of disbursements and HST.

The defendants sought leave to appeal an order dismissing their motion to strike the plaintiff's claims for damages arising from delayed market entry of a generic drug.

The defendants argued the Patent Act provided a complete code, precluding common law claims.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting Ontario decisions and no good reason to doubt the correctness of the motion judge's order, emphasizing that pleadings motions should rarely warrant appellate review.