2 total
Successful responding party on summary judgment motion awarded partial indemnity costs with reduced hours.
Following the dismissal of the defendant's motion for summary judgment, the parties could not agree on costs.
The plaintiff sought substantial indemnity costs, while the defendant argued for a nominal amount or no costs.
The Superior Court of Justice awarded the plaintiff partial indemnity costs, finding the defendant's motion was not unreasonable but noting the plaintiff's success and the importance of the issues.
The court reduced the plaintiff's claimed hours for being excessive compared to the defendant's time.
Summary judgment motion dismissed as moving party failed to provide evidence refuting negligence allegations.
The defendant utility company brought a motion for summary judgment to dismiss the plaintiff commercial bakery's claim for damages arising from a power outage.
The plaintiff initially pleaded breach of contract and warranty, but later raised negligence in its reply.
The court dismissed the motion, finding that the defendant failed to put its best foot forward by not disclosing incident reports or evidence regarding the alleged negligence, thereby leaving a genuine issue requiring a trial.
