Civil Practice and Procedure – Costs – Scale and quantum of costs
Plaintiff individuals were successful in defending against motion to strike, brought by third party. Individuals claimed costs of motion, on full indemnity basis. Individuals claimed that serious and unfounded allegations were made against their counsel. Individuals also relied on their complete success on motion, to justify full indemnity costs. Trustee in bankruptcy claimed partial indemnity costs, after having to respond to motion and supplementary submissions. Third party conceded liability for costs, but claimed that these should be awarded on partial indemnity basis. Costs submissions made by all parties. Costs awarded to individuals on partial indemnity basis, in amount of $25,438.16. Costs awarded to trustee in bankruptcy, in amount of $7,262.33. Third party did not allege fraud or misconduct, on part of individuals. Use of word “trick” by third party, was reference to previous decision. Full and proper disclosure had been made, by all counsel. Partial indemnity costs were appropriate in circumstances.
Re McEwen (2020), 2020 CarswellOnt 2089, 2020 ONSC 467, Stanley J. Kershman J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 17006, 2019 ONSC 5593, Stanley J. Kershman J. (Ont. S.C.J.).
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