Following several procedural motions in related fraud, foreclosure, and construction lien proceedings concerning contaminated industrial property, the court addressed the issue of costs.
The moving party had successfully obtained orders consolidating the actions, transferring the foreclosure proceeding to the same venue as the lien actions, and staying enforcement of any foreclosure order pending resolution of the fraud claim, while also resisting motions for further production.
Applying the principles governing costs under Rule 57.01 of the Rules of Civil Procedure and the Courts of Justice Act, the court held that the moving party was substantially successful and entitled to partial indemnity costs.
The court considered proportionality, complexity, and reasonable expectations of the parties in fixing the amount.
Costs were awarded jointly and severally against the responding parties, with additional costs awarded for an unnecessary adjournment attendance.
