In what circumstances will counsel be awarded costs for opposing a motion to extend the time for service of a response?
Ontario, Canada
The following excerpt is from Pickering Harbour Company Ltd. v. Barton, 2007 CanLII 4021 (ON SC):
In Docouto v. Ontario, [2000] O.J. No. 3322, 3 C.P.C. (5th) 341 (S.C.J.), where counsel's error was inadvertent, the court held that the responding party should not have opposed a motion to extend the time for service of a response to a request to admit and awarded costs against the responding party.
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