Ryan McConaghy

Following a successful motion for summary judgment on a conditional sales contract, the plaintiff sought costs on a full indemnity basis.

The court awarded the plaintiff $9,936.13 in full indemnity costs, relying on a specific provision in the contract that provided for such costs in the event of default.

The third party's request for costs for attending the motion was deferred to be dealt with in the third party claim.

This decision addresses costs arising from a successful interlocutory injunction motion brought by Wayne and Liana Gendron against the City of Kawartha Lakes.

The Gendrons sought substantial indemnity costs, while TD Bank, a non-party, also requested costs.

The City opposed both requests.

The court awarded partial indemnity costs to the Gendrons, finding the City's opposition to the underlying injunction motion to be without merit.

TD Bank's request for costs was denied, as it was a non-party with a mere "watching brief" whose counsel's attendance added nothing to the argument.

This endorsement addresses the costs of a successful motion to transfer an action from the East Region (Ottawa) to the Toronto Region.

The Defendant, as the successful moving party, sought costs.

The court reviewed the submissions and bill of costs, considering factors under Rule 57.01(1) and the principle of proportionality under Rule 1:04(1) of the Rules of Civil Procedure.

The court found the time spent by the moving party's counsel, particularly on cross-examinations deemed unnecessary, was not proportional to the straightforward nature of the transfer motion.

The Plaintiff was ordered to pay the Defendant partial indemnity costs in the all-inclusive amount of $1,990.00, significantly less than the $8,107.50 sought.

The defendant brought a motion to transfer the action and all related enforcement proceedings from the East Region (Ottawa) to the Toronto Region.

The plaintiff had previously obtained default summary judgment in Ottawa for credit card debt and was seeking to enforce a writ of seizure and sale against the defendant's home in Toronto.

The court applied the factors under Rule 13.1.02 of the Rules of Civil Procedure holistically.

Finding that the defendant lived in Toronto, the subject property was in Toronto, and both parties had Toronto counsel, the court concluded that Toronto was a significantly better venue for the remaining post-judgment steps.

The motion to transfer was granted.