Following the dismissal of the plaintiff's four summary judgment motions, the successful defendants sought costs of $59,863.88 on a partial indemnity basis or $64,025.38 on a substantial indemnity basis.
The plaintiff argued for costs of $14,000.
The court declined to award substantial indemnity costs and found the defendants' claimed costs excessive due to duplication of materials across the four actions and inclusion of costs for the main action.
Applying Rule 57.01 and the principle of what is fair and reasonable for the unsuccessful party to pay, the court fixed costs at $25,000 inclusive of HST.
