SUPERIOR COURT OF JUSTICE - ONTARIO

Court File No.: FS2632-10
Date: 20130211

RE: JULIE COLLINE GROULX, Applicant

AND:
MICHEL ANTOINE TAILLEFER, Respondent

BEFORE: Ellies, J.

COUNSEL:
William A. Sangster, for the Applicant
Paul J. Murray, for the Respondent

HEARD: February 11, 2013

E N D O R S E M E N T

In an endorsement released on January 17, 2013 I dismissed Mr. Taillefer’s Motion for Summary Judgment, in which he sought an order that Ms. Groulx’s claim for unjust enrichment was barred by the expiry of the limitation period. I dismissed the motion for two reasons, one relating to what I perceived as a shortcoming in Ms. Groulx’s pleadings, another relating to a shortcoming in those of Mr. Taillefer. Although I indicated that I was not inclined to order costs, I invited submissions in the event that either party wished to request them. I have now received brief submissions from both parties.

Ms. Groulx requests costs based on her “success”. As I explained in my earlier endorsement, Mr. Taillefer’s failure on the motion was due in large part to Ms. Groulx’s failure to amend her pleadings to include the claim for unjust enrichment after her Motion to Amend was granted by Nadeau, J. Although Mr. Taillefer’s lack of success on the motion was also due to his own failure to plead the limitation issue, it would be improper to award Ms. Groulx costs in the circumstances, in my view. To do so would be to reward her failure to properly amend her pleadings.

Ms. Groulx’s request for costs is, therefore, dismissed. Neither party shall be awarded costs.

Ellies, J.