
Legal Blog
Costs on Indulgence
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.
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Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |