Following the dismissal of the plaintiffs' franchise claims under the simplified procedure, the successful defendant sought partial indemnity costs of $145,670.
The plaintiffs argued this amount was disproportionate to the $100,000 at issue and suggested $35,000.
The court applied the factors under Rule 57.01(1), emphasizing proportionality and the reasonable expectations of the unsuccessful party.
The court fixed the defendant's partial indemnity costs at $65,000, finding the amount claimed by the defendant to be disproportionate to what was at stake in the simplified procedure action.
