Following a successful motion by the defendant to compel the plaintiff to attend a neuropsychological assessment, which necessitated a trial adjournment, the parties made written submissions on costs.
The court awarded the defendant partial indemnity costs of $4,868.71 for the motion.
However, because the defendant delayed in arranging the assessment and notifying the plaintiff, the court awarded the plaintiff $3,762.90 for costs thrown away on wasted trial preparation.
The net costs award of $1,106.71 was ordered payable by the plaintiff to the defendant in any event of the cause.
