Kevin S. Klayman

Following the dismissal of the applicants' action and application, the respondents sought costs on a substantial indemnity basis, arguing the applicants made unfounded allegations impugning their integrity.

The court held that because the proceedings were dismissed without a determination on the merits of those allegations, it could not be said the applicants failed to prove them.

The court awarded the respondents costs on a partial indemnity basis fixed at $17,500.

The plaintiff brought an application for summary judgment under Rule 20.04 of the Rules of Civil Procedure following the defendant’s default on a truck lease.

The defendant did not dispute the default, arrears, or interest calculation but challenged the value credited for the returned vehicle.

The court found the appraisal relied on by the plaintiff to credit $47,000 for the truck was vague and insufficient to determine the proper credit.

As the only genuine issue was the appropriate valuation of the returned vehicle, the court ordered a trial limited to that issue.