This endorsement addresses the costs of two unsuccessful summary judgment motions brought by the Allan Star defendants and Ms. Samuel, which were dismissed due to genuine issues for trial regarding the plaintiff's credibility.
The plaintiffs sought $75,000 in partial indemnity costs, while the defendants proposed $30,000.
The court awarded the plaintiffs $55,000 in partial indemnity costs, payable two-thirds by the Allan Star defendants and one-third by Ms. Samuel.
The decision considered factors under Rule 57.01, including the result, stakes, complexity, parties' conduct, and the reasonable expectations of costs, noting that the defendants' own costs outlines were an objective indicator of what they could expect to pay.