The plaintiff, Tassone, brought an action against 407 ETR and its lawyers.
While the action against 407 ETR had settled, Tassone's counsel later subpoenaed 407 ETR's legal department representatives in the ongoing action against the lawyers, alleging unlawful conduct and seeking to breach solicitor-client privilege. 407 ETR successfully moved to quash these subpoenas.
This endorsement addresses the costs of that motion.
The court found that a prior mutual release did not bar 407 ETR's claim for costs related to the subpoena motion.
The costs claimed by 407 ETR were deemed reasonable, with a minor deduction for duplicate student time.
Due to Tassone's unsubstantiated allegations of unlawful conduct and aggressive, unjustified attempts to breach privilege, the court awarded substantial indemnity costs to 407 ETR.
