The court determined costs following a motion in which the plaintiff sought to add additional defendants and obtain substituted service.
The insurer declined to provide addresses for the proposed defendants while disclosing their identities, citing confidentiality, which necessitated the plaintiff bringing the motion.
The court found that the motion could have been avoided had the insurer facilitated proper service earlier.
However, because the motion also sought production of police records, it was not fair to burden the defendant with all costs.
The court reduced the plaintiff’s claimed partial indemnity costs and ordered a modest costs award payable by the insurer.
