Following a motion concerning better particulars, striking the statement of claim, and transfer of venue, the defendant sought partial indemnity costs of $8,000–$10,000.
The court noted the defendant’s primary success was obtaining a transfer of the proceeding to London but found the motion was premature and that several claims for relief were rejected.
The court also observed that the plaintiff’s pleading unnecessarily complicated the proceeding with multiple causes of action.
Concluding that both parties achieved limited success and lost something through the motion, the court determined that fairness required each party to bear their own costs.
