The court addressed the issue of costs related to two motions: the "undertakings motion" (decision dated February 16, 2024) and the "security motion" (decision dated April 12, 2024).
The Defendants were successful in both motions.
Key Issues:
Undertakings Motion:
Defendants sought substantial indemnity costs of $20,712.60.
The Plaintiff opposed substantial indemnity, arguing the motion was routine and not vexatious.
Security Motion:
Defendants sought costs totaling $258,901.81, including $97,341.87 in disbursements.
Plaintiff contested the quantum, arguing:
The $83,387.50 disbursement for project review was excessive.
The motion was necessary regardless of opposition.
Fees sought were excessive.
Court's Decision:
Undertakings Motion:
Costs awarded on a partial indemnity basis at $15,000. The motion was not unreasonable or oppressive.
Security Motion:
Legal fees awarded at $110,000, reduced from the $240,000 claimed, plus HST, totaling $174,522.94.
The court found the project review fees ($83,387.50) to be excessive, awarding only $41,693.75.
Total disbursements were fixed at $50,222.94.
Total Costs Awarded:
Plaintiff to pay $15,000 for the undertakings motion and $174,522.94 for the security motion, payable forthwith.
