This endorsement addresses the issue of costs following a summary trial where judgment was granted to the plaintiff against both corporate and personal defendants for $50,000 each, plus interest, under a debenture and personal guarantee respectively.
The plaintiff sought full or substantial indemnity costs, relying on a contractual provision in the guarantee and a prior offer to settle.
The defendants argued the costs were excessive.
The court, exercising its broad discretion under the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, found the plaintiff's costs reasonable and warranted a higher scale due to the defendant's failure to admit a key fact (personal guarantee) that prolonged the trial.
The court awarded the plaintiff $55,000 in costs, inclusive of HST and disbursements.
