SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: C-285-12
DATE: 2014-02-12

RE: Donaldson Travel Inc., Plaintiff/Moving Party

and

Mary Murphy, Peter Van Der Heyden and

1631318 Ontario Inc., Defendants/Responding Party

BEFORE: The Honourable Mr. Justice R.D. Reilly

COUNSEL:
John McDonald, for the Plaintiff/Moving Party

Gary E. Flaxbard, for the Defendants/Responding Party

ruling as to costs

by the honourable mr. justice r.d. reilly

[1] This was a motion by the plaintiff to compel the defendant, Mary Murphy, to answer questions put to her at her examination for discovery, questions which she declined to answer at such examination. The plaintiff was entirely unsuccessful on the motion. The court directed that the defendant, Mary Murphy, was not required to answer any of the questions she had previously refused to answer. Otherwise expressed, the defendant/respondent was entirely successful on the motion.

[2] In the normal course, the defendant/respondent would be entitled to her costs of the motion. I have carefully considered the plaintiff/moving party’s submission that costs should be “in the cause” and reject such submission. In my view, the trial judge will be facing different issues. Given her success on this motion, there is no reason why the defendant/respondent should not be entitled to her costs on a partial indemnity scale as particularized in her counsel’s bill of costs, which I find quite reasonable.

[3] The plaintiff/moving party shall pay to the defendant, Mary Murphy, costs in the amount of $5,163.54, inclusive of disbursements and HST. Costs are payable forthwith.

R.D. Reilly J.

Released: February 12, 2014