Following a partial summary judgment in favour of the plaintiff, the court determined the reserved costs of the motion.
The plaintiff sought full indemnity costs based on a contractual indemnity provision.
The court affirmed its discretion to ensure costs are fair and reasonable despite the contractual term.
The court awarded solicitor and client costs but deducted $5,000 due to the plaintiff's delay in correcting misnamed defendants, fixing total costs at $39,803.18.
