master robertson

10.29: General rule for payment of litigation costs
13.6: Pleadings: general requirements
SCHEDULE C: Tariff of Recoverable Fees

Case Summary

Following the Defendants’ successful Application to strike the Plaintiff’s Claim and the unsuccessful Cross-Application to amend, Master Robertson directed that the parties make submissions on Costs.

In determining the appropriate quantum of Costs, Master Robertson noted that the amendments requested by the Plaintiff pleaded evidence in violation of Rule 13.6, were filed in response to an Application to strike the Claim but did not address the issues raised in the Application to strike, and included ill-advised pleadings of fraud. Master Robinson held that an elevated award of Costs was appropriate, but not solicitor client Costs. Following Schedule C, the Costs to each Defendant would be $1,500 plus disbursements. Master Robinson awarded $3,000 to the Defendant lawyers (prior counsel to the Defendant), and $1,750 including disbursements to the Defendant.

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