This costs endorsement addresses the plaintiff Belcap Management Inc.'s request for costs following the defendant Marjorie Dixon's withdrawal of a motion.
Dixon had sought to refer the action to an Associate Judge for trial and case management alongside related lien actions, arguing that all matters arising from the same construction project should be managed together.
However, the related lien actions settled, rendering Dixon's motion moot.
Belcap sought $8,503 in partial indemnity costs, while Dixon offered to withdraw her motion on a without-costs basis.
The court, exercising its discretion under section 131(1) of the Courts of Justice Act and Rule 57, awarded Belcap $3,000, noting that while the underlying motion was moot, it was likely Dixon's motion would have been successful had it been argued.
