This is a costs endorsement following a motion where the Au Defendants successfully sought the removal of the plaintiff's lawyers but were unsuccessful in obtaining production of litigation files.
The Au Defendants sought substantial indemnity costs, arguing the motion was avoidable.
The plaintiff opposed substantial indemnity and sought a reduction in partial indemnity costs.
The court found no basis for substantial indemnity costs, noting that declining voluntary withdrawal or opposing the motion did not constitute reprehensible conduct.
It acknowledged divided success but emphasized the Au Defendants' primary success.
The court awarded the Au Defendants $22,000 in partial indemnity costs.
Additionally, Clark Peddle, a non-moving defendant, was awarded $1,000 in costs for his Rule 39.03 examination, which was deemed largely irrelevant to the motion's disposition and unopposed by the plaintiff.