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.
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.
If you like a copy of this case, email me at barry@barryfisher.ca