Following the dismissal of the plaintiff's action at trial, the court determined the costs payable to the successful defendant.
The defendant sought partial indemnity costs of $41,565.13 for the trial, in addition to $40,000 previously awarded for a summary judgment motion.
The court found the amount claimed to be fair and reasonable, considering the principle of indemnity, the large amount at issue ($2.5 million), and the complexity of the issues.
The court ordered the plaintiff to pay the total costs of $81,565.13.