Following dismissal of the plaintiff’s summary judgment motion in a real estate misrepresentation action arising from the purchase of a house, the court addressed the defendants’ request for costs.
The defendants sought more than $7,000 for the motion.
The court held that the amount claimed was disproportionate to the modest damages sought and the simplicity of the proceeding, and noted that the plaintiff had reasonably commenced the claim against both vendors and had resorted to summary judgment after waiting years for a trial date.
Costs were reduced and fixed at a lower amount.
The court also ordered that the costs be payable only at the conclusion of the trial due to fairness considerations arising from the plaintiff’s circumstances.
