The plaintiff brought a motion for partial summary judgment alleging breach of the Copyright Act regarding marketing materials for a residential development.
During argument, the plaintiff realized its legal position was flawed and abandoned the motion.
The defendant sought costs of $34,719 on a substantial indemnity basis, while the plaintiff suggested $6,000.
The court found the motion was peripheral to the main action, unnecessary, and caused significant delay, bordering on an abuse of process.
Applying Rule 20.06, the court awarded the defendant costs on a substantial indemnity basis, fixed at $29,719.12.
