Spencer D.W. Ball

Following the dismissal of the plaintiffs' action regarding the ownership of a rural property, the court determined the costs payable to the successful defendants.

The defendants had made an offer to settle that was more favourable than the trial outcome, entitling them to partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter.

Applying the factors under Rule 57 and the principle of proportionality, the court awarded the defendants costs fixed at $35,000 inclusive of fees, disbursements, and HST.

Following a successful motion to strike an amended statement of claim for disclosing no reasonable cause of action, the defendants sought costs of the motion.

The court considered the discretionary framework under s. 131(1) of the Courts of Justice Act and the factors in Rule 57.01 of the Rules of Civil Procedure.

Although the plaintiff had been given an opportunity to further amend the pleading, the defendants were nonetheless the successful parties on the motion.

Finding the defendants’ costs outline reasonable and identifying no basis to deny costs, the court fixed partial indemnity costs payable by the plaintiff.

The plaintiff, who uses medical marijuana, was threatened with arrest for trespass by police officers while smoking marijuana outside a courthouse.

He brought an action against the city, police board, and individual officers for intimidation, intentional infliction of mental suffering, and breaches of ss. 7 and 15 of the Charter.

The defendants moved to strike the claim.

The court granted the motion, finding the pleadings failed to disclose a reasonable cause of action for any of the claims.

The Charter claims against the individual defendants were dismissed on the merits, while the plaintiff was granted leave to amend the remaining claims.