Following the dismissal of the appellant's appeal of a summary judgment order, the respondents sought costs of the appeal on a substantial indemnity basis.
The Divisional Court found no evidence of bad faith to justify substantial indemnity costs.
Taking into account the quantum of the claim, the costs previously awarded, and the factors set out in Rule 57.01(1) of the Rules of Civil Procedure, the court awarded partial indemnity costs of $5,000 to the respondent Gaydon and $3,500 to the respondent Burger King.
