Following a summary judgment motion concerning limitation defences in a commercial lease dispute, the court determined the appropriate award of costs and interest.
The defendant had been partially successful on the motion, particularly on a limitation argument affecting the recoverable quantum of damages under a liquidated damages clause.
The court held that the defendant achieved meaningful success and was entitled to recover a significant portion of its partial indemnity costs.
However, the plaintiff was awarded costs related to an issue concerning rent arrears that could have been resolved earlier.
Net costs were awarded to the defendant with pre‑judgment interest payable to the plaintiff on the rent arrears component.
