Motion Seeking Substitution of Person to be Examined Fails. Cost Award of $45,000 .

In  Nezhat-Mahal v. Cosmetica Laboratories Inc., 2022 ONSC 3143,  Justice Vermette determined that the partial indemnity costs awarded to the Plaintiff in a motion brought by the Defendant to substitute  a Vice President for the President for examination for discovery was $45,000 where the Plaintiff claimed substantial indemnity costs of $84,621 and the Defendant said that their own partial indemnity costs were $39,648.

Do the math :

1. The Plaintiff apparently spent $84,621 as this is what they were asking for as substantial indemnity costs.
2. The Defendant spent at least $39,648 as this was only their partial indemnity costs. There real cost would probably be much higher.

These parties spent at least $124,000 on a two hour motion with a half day of cross examination, and minimal affidavits and documents.

I said it before and I say it again.

You gotta love the law.

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