Following the dismissal of a motion for partial default judgment and partial summary judgment, the court considered the appropriate costs award.
The defendant Crown sought substantial indemnity costs including significant expert disbursements.
The court reviewed the general principles governing costs under Rule 57 of the Rules of Civil Procedure and s. 131 of the Courts of Justice Act.
It concluded that the moving party's evidence supporting an alleged equitable mortgage was deficient and unreasonable in the context of the summary judgment motion.
Substantial indemnity costs and expert disbursements were awarded to the Crown.
