2 total
Net costs of $2,500 awarded to plaintiff who made an offer to settle matching the motion's outcome.
The defendant Town achieved divided success on its summary judgment motion against the plaintiff.
Both parties sought costs of the motion.
The plaintiff had submitted an offer to settle that exactly matched the outcome of the motion.
The court awarded the defendant its costs up to the date of the offer, and the plaintiff its partial indemnity costs thereafter.
The court ordered a net costs award of $2,500 in favour of the plaintiff.
Summary judgment Motion granted
The defendant Town brought a motion for partial summary judgment to dismiss parts of the plaintiff's claim: damages for alleged breach of a mural maintenance contract and declaratory relief regarding a heritage building designation.
The court dismissed the motion for summary judgment on the damages claim, finding no efficiency in partial summary judgment in a simplified procedure case with conflicting affidavits and no cross-examination.
However, the court granted summary judgment dismissing the declaratory relief, holding that the Ontario Heritage Act provides a complete code for such matters, which the plaintiff had not followed.
