Decision:

• Outcome: The motion was granted on July 3, 2024.
• Costs:
  • Plaintiff’s Argument: Each party should bear their own costs due to the complexity and narrow grounds of the defendants' success.
  • Defendants’ Argument: They are entitled to costs as the successful party. Higher costs were attributed to the seniority of their counsel, not time spent.
• Court's Reasoning:
  • Applied the principle of indemnity.
  • Considered factors such as the time expended, the volume of material, and the involvement of senior counsel.
  • Determined the issue was moderately complex but grounded in relevant law.
• Costs Awarded: The plaintiff was ordered to pay $70,000 to the defendants.

Conclusion:

The Ontario Superior Court of Justice ruled in favor of the defendants, granting their motion to remove the plaintiff’s counsel and awarding them $70,000 in costs. The court emphasized the principle of indemnity and the importance of fair cost allocation based on the complexity and conduct of the proceedings.