“I echo the comments of Gray J. in Cimmaster Inc. v. Piccione, 2010 ONSC 846 (Ont. S.C.J.) at 19 to the effect that a party who has chosen to raise numerous serious allegations which are ultimately determined to be unfounded cannot then complain about the resources that were found necessary in order to rebut the claims. As Gray J. noted:
The concept of proportionality should not normally result in reduced costs where the unsuccessful party has forced a long and expensive trial. It is cold comfort to the successful party, who has been forced to expend many thousands of dollars and many days and hours fighting a claim that is ultimately defeated, only to be told that it should obtain a reduced amount of costs based on some notional concept of proportionality.”