Following a successful trial in a construction lien and breach of contract action, the plaintiff sought costs on a substantial indemnity basis.
The court reviewed the plaintiff's claimed fees and disbursements, making minor reductions for excessive time and undocumented expenses, but allowing the full cost of the plaintiff's damages expert.
The court awarded substantial indemnity costs, finding that the defendant's aggressive litigation strategy—including advancing and later abandoning a large counterclaim and unfounded allegations of dishonesty—amounted to commercial bullying that unnecessarily complicated and prolonged the proceedings.
