The plaintiff sought costs thrown away after the defendant failed to attend a scheduled examination for discovery.
The defendant argued that preparation time was not wasted as it could be used for the rescheduled examination, and that counsel should not have attended because notice of non-attendance was given.
The court discounted the preparation time slightly but allowed the attendance costs, noting it was appropriate to obtain a certificate of non-attendance.
The court awarded the plaintiff $1,446.40 in costs thrown away.
