The plaintiff sought substantial indemnity costs after successfully resisting the defendants' motion for summary judgment in a property line dispute.
The defendants argued for no costs or partial indemnity.
The court found that the defendants did not act unreasonably in bringing their summary judgment motion, despite its ultimate failure, and therefore declined to award substantial indemnity costs under Rule 20.06.
The court awarded the plaintiff partial indemnity costs of $25,000, inclusive of taxes and disbursements, noting that much of the work would have been necessary for trial regardless.
