January 15, 2024 (2024 ONSC 315)
- The plaintiffs sought an order compelling the defendants to serve a further and better affidavit of documents and a costs sanction for breaching court-ordered discovery obligations.
- The court granted the plaintiffs’ motion, ordering the defendants to provide additional documentary disclosure.
- The defendants were sanctioned $8,500 for failing to comply with prior discovery orders.
- The plaintiffs were awarded $30,000 in costs for the motion.
December 31, 2024 (2024 ONSC 7382)
- The plaintiffs moved to strike the defendants’ statement of defense due to missed examinations for discovery.
- The court denied the motion, finding that the defendants’ failure to attend was inadvertent rather than deliberate.
- However, the court awarded $15,823.77 in costs thrown away to the plaintiffs for the missed discovery dates.
February 28, 2025 (2025 ONSC 1365)
- Following the December 2024 ruling, the plaintiffs argued that both parties should bear their own costs of the motion.
- The defendants, despite initially stating they would not seek costs, later attempted to do so.
- The court ruled that each party should bear its own costs, citing the defendants’ previous position and the divided outcome of the motion.
Outcome
- The plaintiffs were awarded $8,500 (January 2024) and $15,823.77 (December 2024).
- No additional costs were awarded in February 2025.
- The defendants retained their defense, but the plaintiffs secured monetary awards for procedural failures.
