Winfield E. Corcoran

Following a largely unsuccessful motion by the plaintiff to amend his claim and add defendants in a putative class action, the successful respondents sought costs.

The court awarded partial indemnity costs to the Independent Electrical System Operator ($24,000), the Solart-associated entities ($12,500), Melanie Lacroix ($2,500), and Sunny Natalia ($2,500).

The court declined to award the plaintiff costs against the unsuccessful respondent Nikhil Toshniwal regarding the unopposed document service relief.

The plaintiff in a putative class action regarding unfulfilled solar panel installation contracts brought a motion to amend the statement of claim, add 17 new defendants (including the IESO), and extend the time for service on several existing defendants.

The court dismissed the motion to add the IESO and 15 Solart-associated entities, finding the claims against them were statute-barred as the plaintiff knew or ought to have known of the claims more than two years prior.

The court partially granted leave to amend the claim against existing defendants, striking certain proposed paragraphs that improperly pleaded evidence or lacked material facts.

The court granted the extension of time for service on several defendants, finding no actual prejudice to the defence.