This decision addresses the issue of costs following the dismissal of the plaintiff's claim for lack of jurisdiction.
The defendant, who successfully brought the motion to dismiss, sought partial indemnity costs.
The court found that partial indemnity costs were appropriate, as there was no reprehensible conduct by the plaintiff to warrant substantial indemnity costs.
After considering the complexity, importance, time spent, hourly rates, and proportionality, the court fixed the costs payable by the plaintiff to the defendant at $7,500.00, inclusive of HST and disbursements.
