9695672 Canada Inc. o/a Vector v. Fundstream et al.
9695672 Canada Inc. o/a VECTOR GIFT CARDS AND MARKETING AGENCY
Law Firm / Organization
Not Specified
Lawyer(s)

Richard Campbell

FUNDSTREAM INC.
Law Firm / Organization
Mann Lawyers LLP
ROYAL BANK OF CANADA
Law Firm / Organization
Not Specified
  • Claims: Vector accused Fundstream of using its confidential information to divert business, claiming conspiracy and false representation.

Motion and Decision:

  • Fundstream filed a motion to strike portions of Vector's claim, which was dismissed in a previous decision.

Costs Award Decision:

  • Plaintiff's Request: Vector sought substantial indemnity costs of $12,565.60.
  • Defendant's Position: Fundstream argued for partial indemnity costs, citing its own motion costs at $5,594.63.

Court's Analysis:

  • The court considered Rule 57.01 of the Rules of Civil Procedure and section 131 of the Courts of Justice Act, focusing on the principle of indemnity, parties' expectations, complexity, and conduct.
  • Referred to principles in Boucher v. Public Accountants Council for the Province of Ontario (2004), emphasizing fairness and reasonableness in cost awards.

Outcome:

  • The court awarded costs of $7,000 to Vector, payable by Fundstream, inclusive of HST and disbursements, by June 28, 2024.

Notable Observations:

  • The court noted deficiencies in the Costs Outlines submitted by counsel and recommended more precise preparation for future submissions.

Conclusion:

  • The decision highlights the importance of reasonable cost claims and transparent cost documentation in legal proceedings.
Superior Court of Justice - Ontario
CV-22-964
Corporate & commercial law
$ 7,000
Plaintiff