Alyssa M. Adams

Following a successful summary judgment motion where the plaintiff was awarded $153,241.40, the plaintiff sought full indemnity costs of $15,674.22 based on a contractual right.

The individual defendant argued costs should be fixed on a partial indemnity basis at $7,500.

Applying the principles from Boucher and Rule 57.01, the court found the plaintiff's hours slightly excessive for the complexity of the matter and fixed costs at $10,500.00, payable jointly and severally by the defendants.

The plaintiff credit union brought a motion for summary judgment against the corporate defendant and the individual defendant based on a small business credit agreement and a personal guarantee.

The corporate defendant conceded liability.

The individual defendant argued her liability was limited to 25% of the loan based on alleged misrepresentations by the plaintiff's advisor.

The court found the guarantee was clearly unlimited and the defendant had not read the documents or sought independent legal advice.

Summary judgment was granted against both defendants for the full outstanding amount.