Following the dismissal of an action on cross-motions for summary judgment concerning contractual interpretation, the successful defendant sought costs exceeding $134,000 on a partial indemnity basis.
The court assessed the costs under Rule 57 of the Rules of Civil Procedure, considering proportionality, time spent, and the result achieved.
The judge reduced senior counsel’s claimed hourly rate and disallowed recovery for an expert where no expert report had been served under Tariff A. Applying the principles from appellate authorities governing fair and reasonable costs awards, the court fixed partial indemnity costs inclusive of HST.
The unsuccessful plaintiff was ordered to pay the adjusted costs within 30 days.