This was a costs endorsement following motions arising from a dispute over the sale of a joint venture and a related arbitration.
The plaintiff had sought summary judgment for more than $30 million, while the defendants brought a Rule 21 motion alleging res judicata and abuse of process and alternatively seeking a stay in favour of arbitration.
After the court rejected the res judicata and abuse of process arguments but granted a stay pending arbitration, both sides sought costs.
Applying the Rule 57.01 factors and considering the divided success, the complexity of the proceedings, and the unreasonably high amount claimed, the court made no order as to costs.
