Following dismissal of the plaintiff’s action and success of the defendants’ counterclaim, the court addressed costs.
The plaintiff had engaged in a prolonged campaign of harassment against neighbouring defendants and pursued unfounded allegations during the litigation.
The court held that the conduct before and during the proceeding constituted reprehensible conduct justifying an award of substantial indemnity costs.
Applying the factors in Rule 57.01(1) of the Rules of Civil Procedure, the court fixed substantial indemnity costs in favour of the defendants, with a small reduction in relation to a withdrawn counterclaim.
