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Costs on Indulgence

Posted on August 19, 2019 | Posted in Civil Litigation, Five Liners

Swiderski v. Castelli 2019 Ont SCJ (MC)

The registrar administratively dismissed an action for delay. The defendant forced the plaintiff to bring a motion to set aside the dismissal – even after the plaintiff had offered to pay $500 for the cost to review and execute the consent. The Master applied the 5 Reid factors and granted the order. The plaintiff claimed partial indemnity costs of slightly more than $12,000; the defendant countered that no costs should be awarded because the plaintiff had asked for an indulgence. The Master ordered costs of slightly more than $6,000, holding that, once the defendant received the plaintiff’s materials, the defendant ought to have agreed to set aside the order.

 

Jonathan Speigel

 

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

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