Carman M. Baru

Following a decision granting partial summary judgment to the plaintiff, the parties were unable to agree on costs.

The court found the motion was necessary, as the defendant only admitted a specific amount owing in the face of the motion.

The plaintiff was awarded costs of $15,000 on a partial indemnity scale, payable forthwith.

The plaintiff brought a motion for summary judgment for unpaid consulting fees related to the development of solar energy projects under the Feed-in Tariff program.

The defendants admitted liability for a portion of the fees but disputed the remainder, raising issues of contract interpretation, milestone definitions, and the inclusion of certain projects.

The court granted partial summary judgment for the admitted debt of $184,688 and ordered a trial for the remaining issues, finding that the contract's interpretation required a deeper understanding of the factual matrix that could not be resolved on the summary judgment record.