Following the dismissal of the plaintiff's action, the successful defendants sought costs.
The defendants had made offers to settle that the plaintiff did not accept, and the judgment reflected that the defendants achieved what they offered.
The court awarded costs on a substantial indemnity scale pursuant to Rule 49 and section 131 of the Courts of Justice Act, noting that the plaintiff's claim was specious and an inappropriate use of the litigation process.
The plaintiff was ordered to pay costs of $33,362.34 to one defendant and $24,712.82 to the others.
