Following a successful motion for security for costs and further discovery, the court determined the appropriate costs payable by the unsuccessful plaintiff.
The court applied the factors under Rules 57.01, 49 and 1.04 of the Rules of Civil Procedure, including indemnification, reasonable expectations of the unsuccessful party, importance of the motion, complexity, conduct, and proportionality.
The court reduced the hourly rates and hours claimed by defence counsel as excessive for a routine security for costs motion despite the factual complexity of the litigation.
Substantial indemnity costs were denied despite the plaintiff’s failure to disclose certain property interests, as the evidence could have been discovered earlier.
Costs were fixed at $14,736.02 payable by the plaintiff to the moving defendants.
