No reason to deviate from general rule of full indemnity costs to successful party on SLAPP motion

Ontario civil | Civil Practice and Procedure | Costs | Costs of particular proceedings

Defendant individual had defamation action brought against her, by plaintiff company. Individual successfully moved to dismiss action, as strategic lawsuit against public participation (SLAPP). Individual sought her costs, on full indemnity basis. Company acknowledged full indemnity costs, but claimed individual’s costs were excessive. Cots submissions made by both parties. Costs awarded to individual, in claimed amount of $122,286.94. Although counsel for company spent less time on motion, this was due to primary use of junior counsel by individual. There was no reason to deviate from general rule of full indemnity costs to successful party, on SLAPP motion.

United Soils Management Ltd. v. Mohammed (2017), 2017 CarswellOnt 17782, 2017 ONSC 6350, Lederer J. (Ont. S.C.J.); additional reasons (2017), 2017 CarswellOnt 12491, 2017 ONSC 4450, Lederer J. (Ont. S.C.J.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Creating law that recognizes Sri Lankan genocide a 'valid exercise of Ontario's powers', OCA rules

New OBA President Kathryn Manning pinpoints ‘polarization’ as priority issue

Merits of COVID-19 benefit programs justify breach of discrimination rules, OCA rules

Ontario Superior Court judges appointed: Bhavneet Bhangu, Jasminka Kalajdzic, Jane Dietrich

Ontario Court of Appeal sets prejudgment interest rates at 8.46 percent in personal injury case

Ontario Superior Court rejects $5-million claim in forest management dispute

Most Read Articles

Ontario Court of Appeal admits event data recorder evidence in car accident case

Ontario Superior Court refuses to grant extraordinary remedies in endangered species case

Merits of COVID-19 benefit programs justify breach of discrimination rules, OCA rules

Ontario Superior Court judges appointed: Bhavneet Bhangu, Jasminka Kalajdzic, Jane Dietrich