Bellsam Contracting Limited v. Torgerson, 2023 ONSC 5652 (CanLII)

Date: 2023-10-06

Docket: CV-19-628829, Robinson A.J.

Defendants in a construction lien action brought a motion for costs, including the cost of their counsel’s eDiscovery specialist.

While not holding that such costs could never be recovered as litigation costs, the court ruled that, because the Defendants had not cited any case law supporting their position that such “administrative” costs can be recovered given the relevant provisions of the Law Society Act and Tariff A of the Rules and had not made submissions “on the nature of [these] services and the appropriateness of awarding costs… in the circumstances of the case,” these costs were not recoverable.