Following a discovery motion concerning undertakings, refusals, and disclosure obligations, the parties were unable to agree on costs.
The court found that the defendant had been justified in bringing the motion and had been largely successful on issues including production of photographs, access to Facebook materials, and a bone scan request.
Applying Rule 57.01(1) of the Rules of Civil Procedure and the fairness principles governing cost awards, the court considered the hours claimed and the absence of a costs outline from the plaintiff.
The court held the defendant was entitled to costs on a partial indemnity basis.
Costs were fixed at $3,272.92 inclusive of fees, disbursements, and HST.
