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Plaintiff awarded agreed partial indemnity costs of $22,500; substantial indemnity costs based on settlement offer denied.
Following a motion where the plaintiff was successful, the court considered costs submissions.
The plaintiff sought substantial indemnity costs based on a settlement offer, which the court rejected.
Applying the factors in the Rules of Civil Procedure and Boucher, the court awarded the plaintiff partial indemnity costs of $22,500, in accordance with the parties' prior agreement on the quantum for partial indemnity costs.
Leave to appeal interlocutory costs order denied as motion judge properly exercised discretion regarding delay.
The moving parties sought leave to appeal an interlocutory costs order of $25,000 awarded against them following a motion regarding outstanding undertakings.
The Divisional Court dismissed the application, finding no conflicting decisions on costs and that the motion judge's discretion was not wrongly exercised given the defendants' delay in the personal injury action.
The court held that the proposed appeal did not involve matters of such importance to warrant granting leave.
