The plaintiff sought leave to appeal a costs order made after a summary judgment motion.
The motions judge had found the defendants' summary judgment motion reasonable but unsuccessful, and reserved costs to the trial judge.
The plaintiff argued this conflicted with case law requiring costs to be fixed on a partial indemnity basis and payable forthwith under Rule 20.06(1).
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions, as the cited cases merely reflected the exercise of judicial discretion regarding costs.
