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
1This is my ruling on the issue of costs arising from the order for a discovery plan which I issued dated May 13, 2020.
2The 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.
3The Defendants seek partial indemnity costs of $10,493.00 based on their argument that the motion was unnecessary.
4In 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.
5The Plaintiff was, moreover, substantially successful on the motion.
6Accordingly, 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