Following a trial where the plaintiffs were awarded $535,032.78 in damages for demolition and reconstruction costs, the plaintiffs sought partial indemnity costs of $102,663.19.
The defendant argued costs should be reduced due to the plaintiff's failure to comply with pre-trial discovery obligations and because the damages awarded were significantly less than the $2 million claimed.
The court agreed that the plaintiff's failure to produce relevant documents hindered the trial process and reduced the costs award by $10,000, ordering the defendant to pay $92,633.19.