Following dismissal of the defendants' summary judgment motion, the court determined the plaintiff's entitlement to costs.
The court applied rule 57.01 of the Rules of Civil Procedure and assessed objections to the plaintiff's bill of costs, including pre-motion entries, client communications, clerical work, and factum preparation time.
The court rejected a substantial indemnity award but found the claimed partial indemnity fees and disbursements were within the range the unsuccessful moving parties should reasonably have expected.
Costs were awarded to the plaintiff on a partial indemnity scale in the amount of $36,330 plus disbursements of $2,567.21, inclusive of applicable taxes.