Following the dismissal of the plaintiff's claim at trial, the successful defendants sought substantial indemnity costs.
The plaintiff conceded that substantial indemnity costs were warranted due to unsuccessful fraud allegations but disputed the quantum and whether the litigation administrator should be personally liable.
The court fixed costs at $45,000 for the Jolicouers and $55,000 for Debra.
The court ordered the litigation administrator to be personally liable for 67% of the costs, representing the portion incurred after the deceased's death when she continued the litigation for her own benefit, with the estate liable for the remaining 33%.
