Jordan M. Black

Following the dismissal of the plaintiff's action on a motion for summary judgment, the successful defendant sought partial indemnity costs of $16,314.93.

The plaintiff conceded the defendant's entitlement to costs and the reasonableness of the hourly rates, but disputed the number of hours claimed.

The court found the hours claimed for motion preparation and drafting the bill of costs to be somewhat excessive, and fixed the all-inclusive costs award at $13,000.

The defendant security company brought a motion for summary judgment to dismiss the plaintiff jewellery store's claim for damages following a theft.

The defendant relied on an exclusion clause in their standard form commercial contract.

The plaintiff argued the clause was unenforceable because its principal had limited English proficiency and the clause was not explained.

Applying the Tercon framework, the court found the exclusion clause was clear, applied to the circumstances, was not unconscionable in a commercial setting, and did not violate public policy.

The motion for summary judgment was granted and the action dismissed.