The applicant sought costs on a substantial indemnity basis after successfully opposing the respondent's motion regarding a jointly retained expert.
The applicant had made three offers to settle the motion, which the respondent rejected.
The court declined to evaluate the fairness of the proposed terms for a joint retainer, noting that such terms must be acceptable to both parties and cannot be imposed by the court.
Consequently, the court awarded the applicant partial indemnity costs fixed at $16,380.
