This decision addresses the issue of costs following a summary judgment in a wrongful dismissal case.
While the plaintiff obtained judgment, the awarded damages were a small fraction of the claim, and the defence was largely successful in limiting the award.
The court noted that both parties claimed victory and sought costs.
The judge found that both sides pursued claims or maintained defences beyond a reasonable prospect of success, hindering constructive settlement discussions and adding to litigation expense.
Given the divided success, the court declined to award costs to either party.
