Justice Joan L. Lax’s decision in Antorisa Investments Ltd. v. 172965 Canada Limited et al. illustrates why legal fees are becoming such an important part of commercial litigation. Her ruling makes it clear that winners cannot expect to be indemnified by losers for…
In Marcoccia v. Gill, Mr. Justice John C. Wilkins has criticized, in rather strong language, various practices that have grown up around court approval under Rule 7.08, of settlements of claims by persons under legal disabilities. (These are what were…
Ward v. Manulife (Costs).pdf In a major development in the law of costs, Mr. Justice Denis J. Power has distinguished the Supreme Court of Canada’s decision in Ritchie v. Walker and has held that, because of two changes to Rule…
Mr. Justice John H. Brockenshire, who was the judge at first instance in Walker v. Ritchie, has released another decision dealing with costs premiums. The Walker case went to the Supreme Court of Canada (sub nom. Ritchie v. Walker). That…
Schouten v. Rideau.pdf Two members of the Superior Court bench in Ottawa have released reasons, both dated December 1, 2006, in which they have commented in detail on how costs should be fixed under Rule 57.03. There are some interesting differences…
Another successful Civil Litigation Update concluded at Chateau Montebello yesterday. The conference, now in its 26th year, was acclaimed by numerous visiting Superior Court and Court of Appeal judges as Ontario’s premiere continuing legal education program. We are proud…
Ontario Superior Court Justice Joan Lax has released an interesting costs decision in Manning v. Epp et al. In this lawsuit, the plaintiff was well-known Ontario lawyer, Morris Manning. He sued the mayor of the City of Waterloo, as well…
In Riddell v. Conservative Party of Canada, Alan Riddell, former Conservative candidate for the riding of Ottawa South, is embroiled in a dispute with his party. There has been a series of interlocutory motions. A recent one was decided by Mr….
Addendum to this post Debra Rolph of LawPRO has added a comment to this post, asking the following question: The judgment ends with the following paragraph:”43 These reasons apply to the costs scheme in place in Ontario at the time…
We were interested to read Master Julian Polika’s decision in Cango Inc. v. D. & S. Equipment Ltd. Not so much for the substance of the decision (striking a pleading for referring to settlement negotiations). Rather, it was the ruling with respect…