Date: 19990826
Docket: T-1459-97
OTTAWA, ONTARIO, THURSDAY, THIS 26TH DAY OF AUGUST, 1999
BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
ITV TECHNOLOGIES, INC.
Plaintiff
(Defendant by Counterclaim)
- and -
WIC TELEVISION LTD.
Defendant
(Plaintiff by Counterclaim)
ORDER AND REASONS FOR ORDER
TEITELBAUM, J:
[1] After approximately two and one-half days of hearing, on August 10, 1999, I dismissed the plaintiff"s motion for summary judgment.
[2] I was satisfied, for the reasons given in my Reasons for Order, that the issues to be decided would best be decided by a judge of the Court hearing the matter on its merit and after hearing witnesses.
[3] It was abundantly clear to me that the issues to be decided should not be decided by summary judgment.
[4] When I issued my reasons for dismissing the summary judgment application, I asked the parties to make written submissions as to the issue of costs.
[5] I have now read the written submissions of the parties.
[6] I am satisfied from having read the submissions that the plaintiff should be ordered to pay costs to the defendant on a party to party basis but that the costs should be paid in any event of the cause and payable forthwith.
[7] As I said in my Reasons for Order, the purpose of the summary judgment provisions is to allow the Court to summarily dispense with those cases which it considers ought not to proceed to trial.
[8] The summary judgment hearing took slightly more than two days to plead. The affidavit evidence together with the filed exhibits were voluminous.
[9] I agree with the submission of counsel for the defendant that the summary judgment application "was a costly exercise for the parties involved as well as the resources of the Court" and appears to have been wasted.
[10] I am satisfied, for the above reasons, that the plaintiff should be ordered and is ordered to pay costs to the defendant on a party to party basis, which costs shall be payable in any event of the cause and forthwith.
"Max M. Teitelbaum"
J.F.C.C.
Ottawa, Ontario
August 26, 1999