Minutes of settlement included no provision for costs

Ontario civil | Civil Procedure

COSTS

Minutes of settlement included no provision for costs

Applicants brought application under Business Corporations Act (Ont.), and Winding-up and Restructuring Act (Can.). Applicants commenced separate actions for orders amending allegedly unconscionable agreement and damages. Actions not pursued. Six interlocutory motions between parties. One resulted in costs award. Applicant’s first two motions resulted in judicial determinations. Applicant’s third motion resolved on consent. Applicants responded with affidavits to respondent’s two motions. Motions adjourned sine die and did not proceed. Sixth motion ended with execution of minutes of settlement of entire litigation. Settlement included no provisions for costs. No costs outlines exchanged. Applicants claimed substantial indemnity costs of $197,313, after crediting respondent for prior $27,000 costs award on motion. Respondents claimed substantial indemnity costs of $104,253, or partial indemnity of $69,495 including costs as self-represented litigant and costs of consulting prior counsel. Respondent’s claim for self-representation costs denied. Respondent unable to demonstrate lost opportunity cost. Fair and reasonable, with exception of applicant’s claims not pursued, that parties bear own costs. Applicants ordered to pay respondents $4,000 all-inclusive.

Cohlmeyer v. Ffrench (Feb. 7, 2012, Ont. S.C.J., Mulligan J., File No. 08-0361) 213 A.C.W.S. (3d) 854 (6 pp.).

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

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim