Legal Wit — Any Motion You Walk Away From . . .

Legal Wit — Any Motion You Walk Away From . . .


The plaintiff was successful on the motion. Her action will proceed and she will have the opportunity to establish whether her claim is a valid one on the merits. The moving party defendants seek to argue that her victory was less than complete since she was unsuccessful on one of the arguments advanced. There is an old saying among pilots: any landing you walk away from is a good one. [The plaintiff] walked away from this motion with her action intact. That was her objective and she achieved it. She was successful and in my view is unquestionably untitled to partial indemnity costs without any implicit reduction for "partial success" or "mixed success". 



Conde v. Ripley |

2015 CarswellOnt 12592 |

Ontario Superior Court of Justice
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