Following a successful motion for an interlocutory injunction requiring the return of patient files and related property, the plaintiff sought costs on a partial indemnity basis.
The defendants argued that costs should be reserved to the trial judge as costs in the cause.
The court reviewed principles governing costs for interlocutory injunction motions, noting that because such motions do not determine the ultimate merits of the action, it is generally preferable to reserve costs to the trial judge unless exceptional circumstances justify immediate payment.
Finding no sufficient reason to depart from this approach, the court ordered that costs be costs in the cause.
