Following a successful summary judgment application dismissing claims against condominium owners in a wrongful death action, the moving parties sought costs on a substantial indemnity basis.
The estate had alleged the owners owed duties as landlords or occupiers relating to a fatal fall from a balcony, but evidence established that the owners were not present and had no interaction with the deceased.
Prior to the hearing, the moving parties had delivered a formal offer to waive costs if the action was discontinued against them, which the estate declined.
The court held that the estate continued to pursue liability despite information indicating the owners were not involved in the events.
Taking into account the tragic circumstances of the death, the court fixed costs in a reduced amount rather than awarding substantial indemnity.
