Following dismissal of a civil action after a three‑day trial, the successful defendant sought partial indemnity costs.
The plaintiff conceded entitlement to costs but argued that the amount claimed—approximately two‑thirds of the defendant’s actual legal fees—was excessive and proposed a lower award based on a percentage of actual costs.
The court held that costs awards are discretionary and not determined by applying a strict formula.
After reviewing the hours spent, allocation between counsel and clerks, and the rates charged, the court found the claimed amounts reasonable despite the issues being relatively straightforward.
The court awarded the full amount of costs requested by the defendant.
