Following reasons dismissing a motion to stay or dismiss an action for lack of jurisdiction, the court addressed the quantum and scale of costs payable to the successful responding party.
The plaintiff sought substantial indemnity costs due to the complexity of a cross‑border employment dispute and the defendant’s attempt to pre‑empt Ontario proceedings with litigation in another jurisdiction.
The defendant argued costs should be limited to partial indemnity as the motion was reasonably brought.
Applying the principles in Rule 57.01(1) of the Rules of Civil Procedure and the proportionality considerations articulated in Boucher v. Public Accountants Council for the Province of Ontario, the court found substantial indemnity appropriate.
Costs were fixed at $19,177.07 payable within 30 days with post‑judgment interest if unpaid.
