Following the withdrawal of a summary judgment motion that sought dismissal of an action as statute-barred under the Limitations Act, 2002, the court determined the costs consequences.
During the initial hearing, the court raised the potential applicability of the Real Property Limitations Act to the plaintiff’s claim for a constructive trust interest in land, prompting adjournment.
The moving defendant subsequently abandoned the motion.
Applying Rule 37.09(3) of the Rules of Civil Procedure, the court held that responding parties were entitled to their costs forthwith unless ordered otherwise.
Costs were awarded to the responding parties with reductions to reflect the circumstances and work performed.
