F.L. Myers J.

Following a prior decision granting summary judgment on liability to the plaintiff, the court considered the issue of costs.

The plaintiff sought costs of the summary judgment motion and the proceeding to date.

The court noted that the potential range of damages remained uncertain and could significantly affect the appropriate costs disposition.

Because damages might ultimately be minimal or reflect only disgorgement of profit, the court held that the proper allocation of costs could not yet be determined.

Costs were therefore reserved pending the final determination of damages.

The defendants brought a motion seeking to stay or dismiss a civil action due to the plaintiff’s failure to pay multiple outstanding costs orders arising from earlier interlocutory proceedings and appeals.

The self-represented plaintiff argued that the costs had been subsumed in a later costs order that was subsequently overturned, but the court found the earlier orders remained valid and enforceable.

The court held that Rules 57.03(2) and 60.12 of the Rules of Civil Procedure permit a stay or dismissal where a party fails to comply with costs orders.

Finding no acceptable justification for non-payment and noting the plaintiff’s vexatious litigation conduct, the court ordered the action stayed pending payment of all outstanding costs and interest.

The defendants were also awarded costs of the motion.