Titus Totan

This is a costs decision following a successful summary judgment motion.

The defendants, represented by Dave Griffiths and others, succeeded in having the action dismissed based on the ultimate limitation period.

The court considered the parties' bills of costs, the complexity and importance of the case, and the lack of detail in the bills.

Ultimately, the court fixed costs at $80,000, all-inclusive, in favour of the defendants, finding this amount fair, reasonable, and proportionate in the circumstances.

The court granted the defendants' motion to dismiss the plaintiffs’ action as statute-barred under the 15-year ultimate limitation period in the Limitation Act, 2002.

The plaintiffs, Bruce G. Johnston and Judith A. Walker, claimed wrongful expulsion from their union and denial of full pension benefits.

The court found that all material facts were known or discoverable by 1994/95, and the ultimate limitation period had expired long before the action was commenced in 2021.

The court also rejected arguments based on concealment, breach of contract, unjust enrichment, and the expulsion being void ab initio.

The defendant employer brought a motion to quash three Rule 39.03 summonses to witness served by the plaintiff employee in advance of a pending pleadings motion.

The plaintiff sought to strike out portions of the defendant's amended pleading alleging after-acquired cause.

The court found that the extensive list of documents requested in the summonses amounted to a fishing expedition and an attempt to initiate early discovery.

The motion was granted and the summonses were quashed as an abuse of process.