The defendants abandoned a motion to introduce fresh evidence and set aside the trial judgment based on allegations of fraud.
The plaintiff sought costs on a substantial indemnity scale for the abandoned motion.
The court awarded the plaintiff substantial indemnity costs, noting the seriousness of alleging fraud and subsequently abandoning the motion when the affiant recanted.
The court fixed costs at $20,000 plus disbursements, reflecting a reduction for delays caused by the plaintiff's counsel's health issues.
