This endorsement addresses the issue of costs following a successful motion by the defendant to dismiss the plaintiff's action for lack of jurisdiction.
The defendant, as the successful party, sought costs.
The plaintiff opposed, arguing bad faith due to a forum selection clause.
The court applied Rule 57.01 of the Rules of Civil Procedure, considering factors such as complexity, importance, and reasonable expectations.
The court found partial indemnity costs appropriate and ordered the plaintiff to pay $8,000 to the defendant, inclusive of disbursements and HST.
