What are the costs of responding to a summary judgment motion?

Ontario, Canada


The following excerpt is from York Regional Standard Condominium Corporation No. 1206 v. 520 Steeles Developments Inc., 2018 ONSC 5563 (CanLII):

I agree with the statement by Nordheimer J., as he then was, in Basedo v. University Health Network, [2002] O.J. No. 597 (S.C.J.), that: “I do not consider it the role of the court to second-guess the time spent by counsel unless it is manifestly unreasonable in the sense that the total time spent is clearly excessive or the matter has been ‘over lawyered’.” I find that the total time spent in responding to this motion is clearly excessive. There are over 108 hours of lawyer’s time on administrative work, resulting in over-staffing. There are over 400 hours of overlapping lawyer’s time in preparation for the summary judgment motion. Even though this amount of time might have been considered necessary and thereby incurred, there can be no reasonable expectation that it is recoverable in a cost award. Similarly, there could be no reasonable expectation on the part of Liberty that such an amount of costs would be in issue on a summary judgment motion of this nature.

Other Questions


Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
Does a summary judgment motion that was reasonably brought and then abandoned disentitle the responding party to its costs? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
Is an expert report on damages admissible in evidence for the purpose of responding to a summary judgment motion? (Ontario, Canada)
Can a summary judgment motion (and, by analogy, on a s. 44(5) motion) be successful? (Ontario, Canada)
Can a court order costs to the successful defendants on a motion for summary judgment? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
What are the costs of a summary judgment motion? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.