The plaintiff was successful on a motion to strike a jury notice due to the COVID-19 pandemic.
The parties agreed that $15,000 represented partial indemnity costs for the motion.
The defendants argued that costs should be reserved to the trial judge or reduced due to the novel facts and mixed results.
The court rejected these arguments, finding the plaintiff was largely successful and the applicable legal test was well-settled despite the novel factual context.
Costs of $15,000 were awarded to the plaintiff payable forthwith.
