The representative plaintiff in a class proceeding sought costs following a motion to add additional common issues and to determine the method of giving notice to potential class members.
The plaintiff requested costs on a complete indemnity basis, alleging delay and obfuscation by the defendant regarding the number of class members.
The court found that success on the motion was divided but that the plaintiff was substantially successful, particularly on the primary issue relating to the appropriate remedy and the method of providing notice to class members.
Although the defendant’s conduct contributed to the need for newspaper publication notice, the court held it was not sufficiently blameworthy to justify substantial or complete indemnity costs.
Costs were awarded to the plaintiff on a partial indemnity basis.
