Following the abandonment of a motion for leave to file evidence responding to a motion to strike portions of a statement of claim, the court determined the appropriate costs award.
The underlying action alleged defamation and abuse of public office.
The moving party argued that its motion became unnecessary after the opposing party abandoned a ground asserting the truth of the impugned statements.
The court held the motion for leave was a reasonable response to the position originally taken, but rejected the request for substantial indemnity costs as excessive.
Costs were awarded on a partial indemnity basis and reduced after review of the bill of costs.
