This endorsement addresses the costs of a contempt motion brought by McDonald's against North Elgin Centre Inc. (NEC), and NEC's cross-motion for declaratory relief.
Both the motion and cross-motion were dismissed.
NEC, as the successful party, sought substantial indemnity costs of $153,368.
McDonald's argued for $15,000.
The court found NEC substantially successful but awarded partial indemnity costs of $37,000, significantly reducing the amount claimed.
The reduction was based on the unreasonableness of NEC's claimed hours, the failure to delegate work to lower-cost timekeepers, and the fact that McDonald's prepared most of the voluminous record.
The court also found NEC's offer to settle did not comply with Rule 49 and thus did not attract substantial indemnity cost consequences.