Following the dismissal of an action on summary judgment as statute-barred, res judicata, and an abuse of process, the court considered the appropriate costs award.
The plaintiff had commenced a second action arising from the same underlying facts as a prior lawsuit that had already been dismissed and upheld on appeal.
The court held that the re-litigation of the same dispute justified an award of substantial indemnity costs due to the abusive nature of the proceeding and the allegations of misconduct made against the defendants.
However, the court declined to order costs personally against the plaintiff’s counsel despite finding that unnecessary costs were incurred, emphasizing the need for extreme caution and the protection of solicitor-client privilege.
Substantial indemnity costs were awarded against the plaintiff in the amount of $24,007.07 payable to the Scotia defendants.
