M 133 Enterprises Ltd. v. Kosmas

M 133 Enterprises Ltd. v. Kosmas

Given the chronology and timing of filings and the absence of exceptional circumstances, the court exercised its discretion not to depart from the general rule and declined to award costs against the plaintiff; costs are to be in the cause.

Citation
2012 BCSC 489
Parties
Plaintiff: M 133 Enterprises Ltd.; Defendant: Peter Kosmas
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 April 2012
Procedural Posture
Application Under Rules of Court (rule 9 6 or Rule 9 7) Relating to Promissory Note / Supplementary Reasons for Judgment on Costs
Outcome
Plaintiff's amended application dismissed; costs reserved and ordered to be in the cause
Legal Topics
Summary Judgment/application Procedure, Costs Discretion, Adjournment, Late Filing of Materials, Exceptional Circumstances
Source Language
English
Civil Procedure Contract Law Costs Law Enforcement of Promissory Note Summary Judgment/application Procedure Costs Discretion Adjournment Late Filing of Materials +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

M 133 Enterprises Ltd.

Plaintiff

Peter Kosmas

Defendant

Procedural Posture

Application Under Rules of Court (rule 9 6 or Rule 9 7) Relating to Promissory Note / Supplementary Reasons for Judgment on Costs

Legal Issues

  1. 1 Whether costs should be awarded against the unsuccessful applicant
  2. 2 Whether exceptional circumstances exist to justify departure from the general rule that unsuccessful applications should not bear respondent's costs
  3. 3 Whether late filing of defence materials and offers of adjournment justify a costs award

Ratio Decidendi

Given the chronology and timing of filings and the absence of exceptional circumstances, the court exercised its discretion not to depart from the general rule and declined to award costs against the plaintiff; costs are to be in the cause.

Court Disposition

Plaintiff's amended application dismissed; costs reserved and ordered to be in the cause

Orders

  • The costs of the plaintiff's unsuccessful application will be in the cause.