Following a motion to strike affidavits where success was divided, the defendants sought costs on a partial indemnity basis.
The court found that the defendants were partially successful in having certain conclusions struck from the plaintiff's affidavits, but unsuccessful in striking the affidavits in their entirety.
Applying the principle of proportionality and reflecting the divided success, the court awarded the defendants 50% of their reasonable partial indemnity costs, totaling $6,636.32.
