Steven Sinukoff

Following a summary judgment motion where the defendant successfully had the plaintiff's main action dismissed but was denied summary judgment on his counterclaim, the court determined costs.

The defendant, who was partially self-represented, sought costs of $26,325.

The plaintiff failed to provide a costs outline.

The court awarded the defendant all-inclusive costs of $10,000, taking into account the simplified procedure rules and the defendant's status as a self-represented litigant for part of the proceedings.

The defendant moved for summary judgment to dismiss the plaintiff's action and to grant judgment on his counterclaim for unpaid services.

The plaintiff elected not to file any responding evidence, relying solely on its pleadings.

The court drew an adverse inference against the plaintiff and dismissed its action, finding no genuine issue requiring a trial.

However, the court dismissed the defendant's motion for judgment on the counterclaim, finding the evidentiary record inadequate to determine liability and damages, and directed the counterclaim to proceed to a simplified procedure trial.

The corporate appellants moved to have their appeal restored to the hearing list and heard on the merits together with Sonia LaFontaine's appeal.

The appellants' appeal had been "unperfected" by court staff when non-lawyer representation was refused, despite the appeal having been previously perfected.

The motion judge found that the unperfecting lacked clear authority and that it would be more efficient and just to restore the corporate appellants' appeal and hear it together with LaFontaine's appeal.

The motion was granted with costs awarded to the corporate appellants.