Following dismissal of a civil action as res judicata and statute-barred under the Limitations Act, the successful defendant sought costs of the entire proceeding.
The plaintiff argued the requested costs were excessive compared to a prior draft costs outline prepared for an earlier motion.
Applying Rule 57.01 of the Rules of Civil Procedure and s. 131 of the Courts of Justice Act, the court reviewed the parties’ submissions and considered proportionality.
The court found the defendant’s partial indemnity rates reasonable and awarded a reduced lump sum for the action.
Costs were fixed at $7,500 inclusive of disbursements and HST.
