Following dismissal of the plaintiff’s action on a successful motion by the defendant, the court determined the appropriate costs award.
The plaintiff had commenced proceedings attempting to relitigate a dispute previously settled and had brought substantially the same claims shortly after consenting to dismissal of an earlier action.
The defendant sought full indemnity costs, arguing the action was frivolous and constituted an abuse of process.
The court considered the factors under Rule 57.01 of the Rules of Civil Procedure and s.131 of the Courts of Justice Act, including the plaintiff’s conduct, the unnecessary litigation, and the plaintiff’s financial circumstances.
The court awarded partial indemnity costs payable forthwith.
