Following a successful summary judgment motion dismissing a civil action, the defendant sought costs for both the motion and the action.
The court considered s. 131 of the Courts of Justice Act and Rule 57 of the Rules of Civil Procedure, emphasizing the principles of indemnification, encouragement of settlement, and deterrence of improper litigation conduct.
The plaintiff, who was self-represented, challenged aspects of the claimed costs but did not provide persuasive grounds to reduce them.
The court found the claimed fees modest given the complexity and seriousness of the allegations, which included claims of misconduct by a police officer and damages of $1,000,000.
Costs were awarded to the defendant on a partial indemnity basis.