HMK v. Temagami Barge Ltd. et. al.
His Majesty the King in Right of Ontario as represented by the Minister of Natural Resources
Temagami Barge Limited
Law Firm / Organization
Not Specified
Lawyer(s)

C. R. Aiello

The Estate of Raymond Joseph Delarosbel, Deceased by his Estate Trustee Patricia Delarosbel
Law Firm / Organization
Not Specified
Lawyer(s)

C. R. Aiello

Clifford Foster Lowery
Law Firm / Organization
Colson Winterstein LLP
Lawyer(s)

Jameel Madhany

  • August 22, 2024: The court ruled on motions related to procedural disputes. The Crown's motion to dismiss the action against one defendant (Mr. Lowery) was granted, and specific orders were made compelling witnesses to answer certain questions. Costs related to this motion were left for subsequent determination.

  • December 31, 2024: The court addressed costs for the August 2024 motion. Temagami Barge Ltd., the defendant, sought $25,520.68. The court reduced this to $12,500, considering the mixed outcomes and other factors like proportionality and the reasonable expectations of the losing party.

Final Outcome:

  • Mr. Lowery was dismissed from the case.
  • The Crown was ordered to pay $12,500 in costs to Temagami Barge Ltd. as part of the procedural resolution??.
Superior Court of Justice - Ontario
CV-09-4721
Corporate & commercial law
$ 12,500
Defendant