Following the successful dismissal of a medical malpractice action on summary judgment due to the expiry of the limitation period, the defendants sought their costs.
The court awarded partial indemnity costs to the defendant doctor, finding the amounts claimed reasonable and proportionate.
The defendant clinic was awarded substantial indemnity costs from the date of its offer to settle, as the plaintiffs' continued opposition to the motion was unreasonable given their failure to produce an expert report.
