Santiago Costa

The plaintiff sought costs following a successful motion to determine priority between creditors after a judicial sale.

The plaintiff had made an offer to settle for $25,000, which was beaten at the hearing.

The court found the responding party's conduct to be particularly egregious, noting a combination of deceit, frivolous arguments, and repetitive proceedings designed to make collecting a simple debt as expensive as possible.

Consequently, the court awarded the plaintiff full indemnity costs fixed at $150,000.

The plaintiff sought costs of approximately $3,000 for a motion heard on January 13, 2017, where the court granted possession of the subject property and enjoined a sale under power of sale.

The mortgagee, 1746878 Ontario Inc., argued it should not be liable for costs as it took no part in that motion.

The court agreed, noting that 1746878 Ontario Inc. did not appear until a later date, and declined to order costs against it for the January 13 motion.

The plaintiff in a construction lien action brought a motion for leave to amend its Statement of Claim to plead restitution unjust enrichment and for leave to file a document brief at trial.

The court denied leave to amend, finding that the proposed amendments were legally untenable because the Construction Lien Act prohibits joining non-contractual claims, such as pure restitution unjust enrichment, in a lien action.

However, the court granted the plaintiff leave to file its document brief at trial, as the documents were potentially relevant and any prejudice from late service was mitigated by a trial adjournment.

Costs of $7,500 were awarded to the responding party.

Following a successful motion to cite the responding corporation for contempt of court, the plaintiff sought full indemnity costs.

The court awarded costs of $9,171.05 on a full indemnity scale against the corporation due to its reprehensible actions in deliberately contravening court orders.

The court declined to order costs against an individual who was not involved in the motion.

The defendant brought a motion to compel answers to undertakings from examinations for discovery, and the court also determined costs for a previously dismissed security for costs motion.

The court ordered the plaintiff to produce a detailed ledger but dismissed the requests for further time sheets and bank records.

The plaintiff was awarded $5,000 in substantial indemnity costs for successfully defending the security for costs motion and for mixed success on the undertakings motion.