Following a motion in civil litigation, the parties were unable to agree on the quantum of costs payable to the successful party.
The plaintiff sought substantial indemnity costs exceeding $6,000, while the defendant argued that no costs should be awarded or, alternatively, that the claimed amount was excessive.
The court applied the governing principles under s. 131(1) of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, emphasizing that costs must be fair and reasonable and generally follow the event.
The court rejected the defendant’s submission that no costs should be awarded but found no basis for elevated costs and reduced the claimed fees and disbursements on proportionality grounds.
Costs were fixed on a partial indemnity basis.
