Following the dismissal of the plaintiff's action for failing to attend an examination for discovery, the defendant sought costs on a substantial indemnity basis.
The self-represented plaintiff made unsubstantiated allegations of fraud against the defendant's counsel and filed a complaint against the judge.
The court found the plaintiff's conduct since August 2021 to be reprehensible, vexatious, and unnecessarily lengthening the proceeding.
The court awarded the defendant costs of $47,000, reflecting substantial indemnity costs for the period after August 2021 and partial indemnity costs prior to that date.