The plaintiff was successful in defending a Rule 21 motion brought by the defendant to strike the statement of claim.
The plaintiff sought costs of approximately $15,000 on a partial indemnity basis, while the defendant submitted that costs should be in the range of $3,500, consistent with two previous similar motions.
The court found the plaintiff's costs outline to be surprisingly high and noted that the defendant should not have to pay for the plaintiff's previous failures to properly plead the claim.
The court exercised its discretion under section 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure to award the plaintiff costs fixed at $3,500, allowing the defendant to set off $3,000 in unpaid costs owed from a previous motion.