Following an unsuccessful summary judgment motion brought by a third party in a slip-and-fall action, the court determined the appropriate costs award payable to the defendant municipality.
The motion had concerned contractual interpretation, contribution and indemnity between a municipality and its snow removal contractor, and the applicable negligence standard.
The court held that summary judgment was inappropriate due to the absence of the plaintiff’s evidence and the need to determine fault at trial.
Applying section 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court assessed what was fair and reasonable in light of the parties’ competing cost submissions.
Costs were fixed at a midpoint between the amounts proposed by the parties.
