Following the dismissal of the plaintiff’s claim on a Rule 21 motion, the successful defendants sought costs on a substantial indemnity basis.
The self-represented plaintiff failed to deliver costs submissions despite extensions granted by the court.
The court held that there was no basis for substantial indemnity costs and exercised its discretion under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure.
Balancing fairness, compensation, and access to justice, the court reduced the defendants’ requested costs and fixed partial indemnity costs payable by the plaintiff.
