Costs were determined following the plaintiff’s unsuccessful motion for partial summary judgment in an insurance dispute.
The defendant sought substantial indemnity costs, arguing the moving party acted unreasonably in bringing the motion under Rule 20.06(a) of the Rules of Civil Procedure.
The court rejected that argument, finding the motion was brought reasonably given the complexity and uniqueness of the issues.
Applying the ordinary rule that costs follow the event on a partial indemnity basis, the court awarded costs to the responding party while directing expert fees to follow the cause at trial.
