Following the dismissal of the plaintiff's motion for an interlocutory injunction and the granting of the defendant's motion to stay the action based on an arbitration clause, the parties made written submissions on costs.
The defendant and IWS sought substantial indemnity costs, alleging the plaintiff made baseless claims of deceitful behaviour and brought a tactical motion.
The court declined to award substantial indemnity costs, finding the allegations did not rise to the necessary level.
The court awarded partial indemnity costs, fixing the defendant's costs at $35,000 and IWS's costs at $9,000, noting the motions were important and of more than average complexity.
