Following a summary judgment motion determined in favour of the third parties, the plaintiff sought costs of $2,815.00 from the defendant for preparation and attendance.
The court found that the plaintiff's counsel provided no satisfactory explanation for late service of materials and failed to comply with the agreed timetable.
Consequently, the court awarded reduced costs to the plaintiff, fixed at $763.00 on a partial indemnity scale, covering only the estimated time for attending the motion.
