Following a successful Rule 21 motion striking claims against an individual defendant in a wrongful dismissal action, the court addressed costs after the plaintiff requested an opportunity to make submissions.
The defendant sought substantial indemnity costs, relying in part on an offer to settle proposing dismissal of the claim without costs.
The plaintiff argued the defendant was not fully successful because leave to amend had been granted and contended that efforts to resolve the motion and proposed amendments justified either no costs or costs in the cause.
The court held that the defendant was the successful party on the motion and that the usual rule that costs follow the event applied.
The previously ordered costs of $12,500 payable by the plaintiff to the defendant were confirmed as fair and reasonable.
