MCAP Leasing v. Lind Furniture, 2010 ONSC 4308 (CanLII)

  • July 29, 2016

Date: 2010-08-03 Docket: 3569/09 D.G. Price. J. | Link

Reasons for costs in plaintiff's unsuccessful motion for summary judgment. At para 43, the court says, "had Lind articulated its defences with greater particularity from the outset, it would have better enabled MCAP to assess its prospects of a successful motion for summary judgment.  This might have avoided the expense that both parties incurred in the motion, either by engaging MCAP's willingness to negotiate a resolution of the action or by prompting it to wait until more evidence emerged through discoveries before assessing its prospects of a successful motion or trial." Lind was awarded $15,000 of the $23,591.06 it had asked for.