Following dismissal of a negligence action for delay under Rule 48.14 of the Rules of Civil Procedure, the court addressed costs of the action.
The defendants sought costs, with some requesting substantial indemnity and the municipality requesting partial indemnity.
The court held that substantial indemnity was not justified in the absence of a Rule 49 offer or conduct warranting punitive costs.
Applying s. 131(1) of the Courts of Justice Act and Rule 57.01, the court awarded costs to the defendants on a partial indemnity basis, reducing the municipality’s claim due to disproportionate time spent compared with other parties.
