History of litigation supported conclusion that respondent attempted to frustrate contract

Civil Practice and Procedure - Costs - Jurisdiction and discretion as to costs

Applicant was successful in obtaining ruling and series of declarations regarding interpretation of contract relating to development and management of non-profit cemetery. Parties made submissions on costs. Costs awarded to applicant. Respondent's arguments regarding concerns about regulatory compliance and novel issue of interpretation were dismissed. Applicant was wholly successful. Application involved many legal issues, was of moderate complexity, and took most of one day to argue. History of litigation supported conclusion that respondent attempted to frustrate contract. Rate for applicant's senior counsel was high. Reasonable and proportionate award of costs was $35,000 inclusive of HST and disbursements.

Muslim Green Cemeteries v. Toronto Muslim Cemetery (2019), 2019 CarswellOnt 8598, 2019 ONSC 3319, J. Copeland J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 766, 2019 ONSC 87, J. Copeland J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Ontario’s response to COVID’s long-term-care crisis lacks an ‘easy fix,’ says elder law lawyer

With more lawyers doing pro bono, profession can meet access-to-justice gap, says Lynn Burns

Ontario Superior Court orders costs for unreasonable conduct and bad faith in child support case

Ontario Bar Association launches peer support network for lawyers living with disabilities

Lincoln Alexander commemorative bust to be displayed at Queen's Park

Insured entitled to third-party coverage in ATV accident case: Ont. CA

Most Read Articles

Occupier negligent in failing to timely salt icy roadway: Ont. CA

Ontario Bar Association launches peer support network for lawyers living with disabilities

Insured entitled to third-party coverage in ATV accident case: Ont. CA

Ontario Superior Court orders costs for unreasonable conduct and bad faith in child support case