This decision addresses the costs of a dismissed motion brought by the plaintiff, United Mennonite Home for the Aged, to amend its pleadings to name Dan Gordon in his personal capacity.
The defendant, Dan Gordon, was entirely successful in opposing the motion and sought partial indemnity costs.
The court awarded partial indemnity costs to the defendant, reducing the claimed amount by $1,000 due to the defendant's conduct unnecessarily lengthening the proceeding.
The court affirmed that success is a presumptive factor in costs awards and that a charitable organization's limited ability to pay is irrelevant when they initiated the motion.
