Ontario Civil

Civil Procedure

No individuals involved who should absorb costs of motion other than lawyers

Respondent brought motion to enforce settlement arising from accepted offer to settle. Court determined that there was binding settlement, but it should exercise its discretion to set aside settlement because weighing of potential prejudice favoured applicants. Court found that lawyer who represented applicants made innocent slip by accepting respondent’s offer. Respondent applied for costs on partial indemnity basis to be paid personally by applicants’ lawyers. Application granted. Binding settlement was reached at law and in circumstances it was reasonable for respondent to require compelling evidence as to why agreement should be voided. It was not unreasonable for respondent not to believe word of lawyer when she urged him to accept that innocent mistake had occurred. Costs incurred were caused solely by lawyers. In circumstances of case there were no individuals involved who should absorb costs of motion other than lawyers. Amounts billed were commensurate with time required by complexity of matter. Costs sought to be recovered were reasonable. Lawyers were to pay respondent partial indemnity costs of $17,740.44.

Catford v. Catford (Jan. 7, 2014, Ont. S.C.J., S.E. Healey J., File No. CV-13-0353, CV-13-0351) Additional reasons to 235 A.C.W.S. (3d) 74.  236 A.C.W.S. (3d) 36.

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