Court File and Parties

Court File No.: CV-19-00000603-0000 Date: 2020 06 19

Superior Court of Justice – Ontario

Re: James Bray Plaintiff and Bank of Montreal and BMO Investments Inc. Defendants

Before: Bloom, J.

Counsel: Gary A. Bennett, for the Plaintiff David Di Paolo and Maureen Doherty, for the Defendants

COSTS ENDORSEMENT

[1] This is my ruling on the issue of costs arising from the order for a discovery plan which I issued dated May 13, 2020.

[2] The Plaintiff seeks substantial indemnity costs of $11,500 based on his arguments as to his success on the motion, delay by the Defendants, and unreasonable conduct by the Defendants.

[3] The Defendants seek partial indemnity costs of $10,493.00 based on their argument that the motion was unnecessary.

[4] In my view, the motion was necessary. The Defendants were not sufficiently cooperative in their dealings with the Plaintiff. I do not, however, conclude that their conduct was unreasonable or in bad faith.

[5] The Plaintiff was, moreover, substantially successful on the motion.

[6] Accordingly, I award costs to the Plaintiff on a partial indemnity basis of $9700.00 inclusive of fees, disbursements, and applicable taxes payable by the Defendants jointly and severally within 30 days.

Bloom, J. DATE: June 19, 2020