Following a successful summary judgment motion on liability, the plaintiff sought costs for both the motion and the liability portion of the action.
The defendant opposed, arguing costs should be proportionate to future damages and seeking a credit for costs received from a third-party settlement.
The court rejected the defendant's arguments, finding no reason to defer costs and that the third-party settlement was irrelevant to the costs between the main parties.
The court fixed costs on a partial indemnity basis for the action's liability portion and a substantial indemnity basis for the motion, totaling $50,000 inclusive of disbursements and HST.
