Following a 23-day trial that originated as a contested passing of accounts, the unsuccessful plaintiff was ordered to pay costs.
The defendants sought substantial or full indemnity costs based on unproven allegations of breach of trust and unaccepted offers to settle.
The court declined to award elevated costs, finding the allegations did not amount to fraud and the plaintiff was entitled to a trial.
The court fixed partial indemnity costs, significantly reducing claims for travel expenses, expert fees, and excessive trial preparation time, ultimately ordering the plaintiff to pay a total of $721,450 in costs to the various defendants.