The court awarded costs on a partial indemnity basis reflecting divided success on a motion for defence medical examinations and undertakings.
The court issued a costs endorsement following a motion where the Moving Defendants sought to compel undertakings and defence medical examinations (DMEs).
The court found divided success: the Plaintiff succeeded in resisting the neurosurgical DME and the broad request for ongoing undertakings, while the Moving Defendants succeeded in compelling a physiatry DME.
The court determined costs on a partial indemnity basis, awarding the Plaintiff $7,933.23 and the Moving Defendants $1,180.63, reflecting the Plaintiff's greater overall success on the motion.
SCJSuperior Court of JusticeFeb 13, 2023
