Chris Maggirias

This decision addresses a costs motion following the successful summary judgment dismissal of an action.

The Defendants sought substantial indemnity costs, arguing their offer to settle and the Plaintiff's conduct warranted it.

The Plaintiff argued for a lower partial indemnity amount, citing excessive time and hourly rates in the Defendants' bill of costs.

The court found that Rule 49.10 was not triggered because the Plaintiff obtained no judgment.

It also determined that the Plaintiff's conduct, while unsuccessful, did not rise to the level required for substantial indemnity costs.

The court awarded partial indemnity costs, reducing the quantum sought due to an excessive law clerk rate and potential duplication of effort, fixing the all-inclusive amount at $22,000.00.

The defendants brought a motion for summary judgment to dismiss an action alleging a binding agreement for the purchase of a property.

The plaintiff claimed an oral agreement was reached and subsequently reduced to writing via email exchanges, or alternatively, that a binding agreement was formed through later email communications.

The court found no genuine issue requiring a trial, concluding that the objective evidence, particularly the parties' written communications, demonstrated a lack of intention to create a legally binding relationship and an absence of agreement on essential terms, such as the closing date.

The court also dismissed the plaintiff's claim for unjust enrichment due to a lack of tangible benefit to the defendants.

The motion for summary judgment was granted, and the action was dismissed.