Following a contract interpretation decision in which each party succeeded on different issues, the court considered submissions on costs.
The plaintiff succeeded on the issue of entitlement to the contractual interest rate, while the defendant succeeded on the issue of contractual setoff.
The plaintiff sought partial indemnity costs of approximately $94,000.
Applying principles governing divided success and referencing commentary from the Law of Costs, the court concluded that the parties were either equally successful or equally unsuccessful.
In the circumstances, the court declined to award costs to either party.