The court considered costs following a summary judgment motion in a copyright dispute between the Lakehead District School Board and Anna Mauro o/a 807 ISC Thunder Bay.
The plaintiff sought substantial indemnity costs, arguing complete success and an entitlement to elevated costs.
The court found the plaintiff was not wholly successful, as punitive damages were not awarded and no valid Rule 49 offer was served.
The court determined the claimed costs were excessive and not proportional, ultimately awarding the plaintiff partial indemnity costs fixed at $8,000, inclusive of fees, disbursements, and HST.
