In 1175777 Ontario Limited v. Magna International Inc., Madam Justice Carolyn J. Horkins of the Ontario Superior Court had to fix costs following a 14-day trial in which she had found for the defendants. The plaintiff had sued Magna and…
Mr. Justice Denis Power released an interesting and rather novel costs ruling yesterday in the ongoing Riddell v. The Conservative Party of Canada litiigation. Ottawa lawyer Alan Riddell, once the Conservative Party of Canada’s candidate in the federal riding of…
Two new costs decisions are, we think, worthy of note. Sun-Times Media Group Inc. v. Conrad Black At a time when Mr. Black probably has other things on his mind, Justice Colin Campbell had the task of fixing costs of…
Garisto v. Wang is one of relatively few cases in which a trial judges has imposed the costs penalties contained in Rule 76 of the Rules of Civil Procedure. The plaintiff had originally sought damages of $800,000 in this car accident…
In a ruling that is certain to send a chill through the plaintiffs’ bar, Madam Justice Anne Molloy has ordered a solicitor who was representing a disability insurance claimant to pay costs of an abortive third party proceeding against the…
In Caci v. MacArthur, Mr. Justice David Brown held that a defendant who achieved a better result at trial than an offer to contribute that it had made to a co-defendant, was entitled to costs on a substantial indemnity basis…
In Jazz Air LP v. Toronto Port Authority, the Divisional Court split 2-1 on whether to uphold a costs award of $160,000 made by Justice James Spence following a failed injunction motion. Justices Dennis Lane and Gladys Pardu supported the…
An odd decision from the Court of Appeal today in Aristorenas v. Comcare Health Services. At trial, the plaintiff was awarded damages of $55,000 and costs were agreed upon at $115,000. The parties also agreed that the costs did not…
In Stratton Electric Limited v. Guarantee Company of North America et al., Mr. Justice G. Dennis Lane of the Ontario Superior Court was required to fix costs of the successful defendant, Guarantee Company of North America, in an action that had…
In Dinsmore v. Southwood Lakes Holdings Ltd., Mr. Justice John H. Brockenshire had some interesting things to say about costs. This action involved the cost of remedying a damp basement in a townhouse. It proceeded to trial under ordinary procedure, although…