Ontario Civil


Civil Practice and Procedure

Costs

Costs of particular proceedings

No reason to deviate from general rule of full indemnity costs to successful party on SLAPP motion

Defendant individual had defamation action brought against her, by plaintiff company. Individual successfully moved to dismiss action, as strategic lawsuit against public participation (SLAPP). Individual sought her costs, on full indemnity basis. Company acknowledged full indemnity costs, but claimed individual’s costs were excessive. Cots submissions made by both parties. Costs awarded to individual, in claimed amount of $122,286.94. Although counsel for company spent less time on motion, this was due to primary use of junior counsel by individual. There was no reason to deviate from general rule of full indemnity costs to successful party, on SLAPP motion.

United Soils Management Ltd. v. Mohammed (2017), 2017 CarswellOnt 17782, 2017 ONSC 6350, Lederer J. (Ont. S.C.J.); additional reasons (2017), 2017 CarswellOnt 12491, 2017 ONSC 4450, Lederer J. (Ont. S.C.J.).

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