No costs awarded where success on the underlying motion was evenly divided.
Following a motion seeking dismissal of the plaintiff’s action for non‑compliance with prior court orders and seeking payment of cancellation fees arising from missed defence medical examinations, the court addressed the issue of costs.
The earlier motion had resulted in partial relief: the court declined to dismiss the action but ordered the plaintiff to attend defence medical examinations, pay cancellation fees, and clarify certain undertakings.
Considering the divided success of the parties and the plaintiff’s non‑compliance with prior orders, the court concluded that neither side achieved sufficient success to justify a costs award.
The court also declined to award costs to counsel for the Public Guardian and Trustee due to limited involvement and communication issues leading to the attendance.
The court therefore ordered that there be no order as to costs.
SCJSuperior Court of JusticeMar 25, 2013
