This is a costs endorsement following the dismissal of the plaintiff's motion to extend time for service of her statement of claim and for trial.
The defendant, as the successful party on the prior motion, sought partial indemnity costs.
The plaintiff argued against a costs award, citing modest means and alleged negligence by the defendant and her previous lawyer.
The court affirmed the general rule that costs follow the event and are typically awarded on a partial indemnity basis.
It found no special circumstances to deviate from this principle, noting the plaintiff's insufficient evidence of impecuniosity and that alleged negligence of prior counsel was not a relevant factor in this costs determination.
The court awarded the defendant $14,000 in partial indemnity costs.