Following the dismissal of the defendants' motions for summary judgment, the court determined the costs payable to the successful plaintiff.
The plaintiff sought substantial indemnity costs based on an unaccepted offer to settle the motions.
The court declined to award substantial indemnity costs, noting that Rule 49.10 does not provide a responding party much incentive to make an offer to settle in advance of a motion.
The court fixed the plaintiff's costs on a partial indemnity basis at $38,328, inclusive of fees, disbursements, and HST, to be paid equally by the three moving party groups.