Following dismissal of an action for delay against several defendants, the court addressed the issue of costs.
The moving defendants sought partial indemnity costs exceeding $200,000.
The plaintiff did not dispute entitlement to costs but argued for nominal costs based on impecuniosity.
The court accepted that financial hardship may be considered but emphasized that impecuniosity cannot shield a litigant from the costs consequences of unreasonable conduct or prolonged delay.
Balancing the plaintiff’s financial circumstances against the lengthy litigation history, the court reduced the claimed costs and fixed costs at $50,000 for each group of defendants.
