This was an appeal, with leave, from a costs order arising out of summary judgment and related motions in ongoing litigation involving a counterclaim.
The court declined to interfere with the motions judge’s award of solicitor-and-client costs and with the allocation of costs, finding those determinations were within the judge’s discretion and supported by the record.
However, the court varied the order respecting the costs of the action by holding that two respondents whose litigation with the appellant remained ongoing should not receive those costs immediately, while another respondent was entitled to its costs of the action subject to careful assessment to avoid double-counting.
The court also held that costs payable to the appellant should be payable now on a party-and-party basis rather than in the cause.
