Following the dismissal of the defendant's motion for summary judgment, the parties made written submissions on costs.
The plaintiff sought substantial indemnity costs, arguing the motion was unreasonable.
The defendant argued no costs should be awarded or, alternatively, sought its own costs for relief resolved prior to the motion.
The court found the defendant's motion was not unreasonable based on the pleadings and awarded the plaintiff partial indemnity costs fixed at $7,000, declining to award the defendant costs for the pre-motion resolved issues.
