Stacey Hsu

The plaintiffs' counsel, Rochon Genova LLP, sought an order to retain costs awarded by various courts, including post-judgment interest, as part of their contingency fee agreement.

The total amount of costs sought was over $5.6 million, bringing their total compensation to over $7.4 million.

The defendants took no position as the costs had already been paid.

The court approved the request, finding the contingency fee agreements fair and reasonable given the exceptional circumstances, high risk, complexity, and two-decade duration of the litigation, which involved novel claims and a protracted procedural history.

The court confirmed the request complied with section 28.1(8) of the Solicitors Act, noting no excessive fees or 'double-dipping.'

The Attorney General of Ontario brought a motion for a forfeiture order under s. 3 of the Civil Remedies Act for $79,220 in Canadian currency.

The funds were seized from the residence of an individual associated with drug trafficking and other criminal activity.

The court found, on a balance of probabilities, that the money constituted proceeds of illegal activity, citing various indicia such as the manner of bundling, the individual's criminal record, and his identification as a drug dealer.

No one came forward to claim the funds, and the court determined that forfeiture was in the interest of justice.

The motion for forfeiture was granted.

This is a costs endorsement following complex grouped appeals and a cross-appeal concerning claims by 28 former residents of the Oak Ridge Division of the Mental Health Centre against His Majesty the King in Right of Ontario and two physicians.

The Court of Appeal had largely upheld the trial judge's findings on liability for breach of fiduciary duty and battery, with minor reductions in damages.

The appellants sought a significant reduction in the respondents' costs for the appeal and a reduction in the trial costs.

The court awarded the respondents the full amount of their claimed appeal costs, finding that despite mixed success, the trial judgment remained largely intact and the costs claimed were reasonable given the complexity.

The court also declined to vary the trial costs, deeming the overturned $1,000 judgment a minor part of the overall proceedings.

The plaintiffs and two State Farm defendants brought a motion for default judgment against the defendant Michael Morton due to his repeated failure to file a Statement of Defence or take any steps in the action, despite having been granted multiple indulgences by the court.

The court found that Morton was plainly in default and, pursuant to Rule 19.02(1), was deemed to admit the allegations of fact.

Default judgment was granted against Morton for the settled claim amount of $1,316,654.32, along with partial indemnity costs of $16,981.86.