Following the dismissal of the plaintiff's motion to amend its Statement of Claim, the successful defendant sought costs on a substantial indemnity basis relying on a provision in a construction bond.
The court declined to award substantial indemnity costs, finding it unduly onerous and noting that only one of the three proposed amendments related to the enforcement of the bond.
Applying the principle of proportionality and the factors under Rule 57.01, the court fixed costs on a partial indemnity basis at $12,000.
