Anthony Wellenreiter

This costs endorsement followed a successful summary judgment motion brought by the defendant Gerlandina Jones, which dismissed the plaintiff's claim as statute-barred.

The court considered Rule 57.01 factors and Rule 49 offers.

It determined that a defendant moving for summary judgment should be treated as a plaintiff for Rule 49 purposes.

The defendant was awarded costs on a partial indemnity basis up to the date of her Rule 49 offer and on a substantial indemnity basis thereafter, totaling $25,000 plus HST and $6,376.22 in disbursements.

The defendant Charlotte Marino, having successfully obtained summary judgment dismissing the plaintiff's claim, sought costs on a substantial indemnity basis.

The plaintiff opposed, arguing for no costs.

The court, applying Rule 57.01, found Charlotte Marino entitled to costs but deemed the time docketed by her counsel excessive.

The court awarded Charlotte Marino $30,000 plus HST for fees and $13,531.78 for disbursements, to be paid by the plaintiff.

The court declined to award costs against a non-party.