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Costs Against a Non-Party

Posted on July 11, 2016 | Posted in Construction, Five Liners

Deep Foundations Contractors Inc. v. B. Gottardo Construction Ltd 2016 Ont SCJ

Claim had been allowed. Counterclaim for delay was dismissed because defendant continued to refuse to provide appropriate documentation to support claim. Trial had been adjourned 4 to 5 times because of defendant’s refusals. Court allowed costs for the dismissal motion against the sole director of the defendant, even though the director was not a party to the action, because the director directed the defendant to ignore a court order to produce the documents. Court awarded full indemnity costs of $36,400.


Jonathan Speigel


Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.



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