This was a costs endorsement following the dismissal of a summary judgment motion concerning consent to operate a motor vehicle after a collision.
The insurer sought substantial indemnity costs, alternatively partial indemnity costs, against the moving defendant.
The court held that the motion itself was not brought in bad faith or unreasonably, although the materials tendered on the moving party's behalf were described as approaching unreasonable.
Applying the fairness and reasonableness approach to costs, the court fixed the insurer's costs at an all-inclusive amount of $10,000 payable forthwith.
