Following the dismissal of the plaintiff's action for damages via summary judgment, the defendant sought costs on a substantial or partial indemnity basis.
The plaintiff argued the claimed costs were excessive.
The court, applying the Courts of Justice Act and Rules of Civil Procedure, including the proportionality principle under Rule 1.04(1.1) and the objectives of Simplified Procedure (Rule 76), determined a fair and reasonable costs award.
The defendant's pre-litigation offer did not meet Rule 49 requirements for substantial indemnity, and the plaintiff's conduct was not reprehensible.
The court awarded the defendant $15,000 in partial indemnity costs, inclusive of disbursements and HST.
