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.