Ontario Civil

Civil Procedure

Should have been obvious to plaintiffs that they stood little or no chance of success

Plaintiffs’ motion for summary judgment was dismissed. Defendant was successful on motion. Motion was of moderate complexity. Motion was important to parties. Defendant made offer to settle. It should have been obvious to plaintiffs that plaintiffs stood little or no chance of success. Plaintiffs were to pay costs on substantial indemnity basis. Plaintiffs were ordered to pay costs of $68,064 inclusive of fees, HST and disbursements within 30 days.

Allen v. Succession Capital Corp.

(July 25, 2011, Ont. S.C.J., Goodman J., File No. 1951/10) 205 A.C.W.S. (3d) 638 (15 pp.).

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