3 total
Timetable and new hearing date established on consent for the plaintiff's motion.
The plaintiff's motion was previously adjourned on consent due to a personal emergency of the defendant's counsel.
A chambers appointment was held to schedule a new date.
On consent, the motion was scheduled for August 20, 2021, and a timetable for cross-examinations, undertakings, and factums was established.
Respondent awarded $108,348.46 in costs, including substantial indemnity costs from the date of its Rule 49 offer.
Following a trial and supplementary motion where the respondent was substantially successful, the court determined the quantum and scale of costs.
The respondent had made a Rule 49 offer to settle that was more favourable than the judgment obtained.
Applying the principles of Rule 49 and the Boucher factors, the court awarded the respondent costs on a partial indemnity basis up to the date of the offer, and on a substantial indemnity basis thereafter, fixed at $108,348.46 inclusive of HST and disbursements.
Motion to strike statement of claim dismissed; action transferred to ordinary procedure due to declaratory relief sought.
The defendants brought a motion to set aside their noting in default, to strike the statement of claim for failing to plead material facts, and to transfer the action to the ordinary procedure.
The court set aside the noting in default on consent.
The court dismissed the motion to strike, finding the pleading sufficient when read generously, as the basic elements of the claim for unpaid materials were pleaded and particulars had been provided.
The court granted the request to transfer the action to the ordinary procedure, as the declaratory and mandatory relief sought brought the proceeding outside the ambit of the simplified procedure.
