Following dismissal of two civil actions, the defendants sought partial indemnity costs and the self-represented plaintiff opposed the amounts and requested that costs be reserved to the Court of Appeal.
The court rejected reserving costs as contrary to established practice, accepted that costs must remain fair, reasonable, and proportionate, and declined reductions based on self-representation alone.
The court allowed a limited objection for case-management-related costs and declined costs thrown away on a prior adjournment, while otherwise finding the defendants’ summary judgment litigation approach reasonable.
Partial indemnity costs were fixed at $45,000 plus HST for the first action and $2,500 plus HST for the second action, payable within 30 days.
