This endorsement concerns the costs arising from successful anti-SLAPP motions brought by the Crown Defendants and the Better Business Bureau of Central Ontario Inc. (BBB) against A&H Asset Auctions Inc. The court considered the presumption of full indemnity costs under s. 137.1(7) of the Courts of Justice Act.
It found that the indicia of a SLAPP suit were not present, and therefore, an award of full indemnity costs was not appropriate.
The court awarded costs on a partial indemnity basis to both the Crown Defendants and BBB, fixing the amounts at $150,416 and $87,122.55 respectively.
