The plaintiff successfully defended summary judgment motions brought by multiple defendants across several actions.
While costs were resolved with most defendants, the plaintiff sought costs against the defendants Helden and 131 Ontario for their involvement in the dismissed motions in the s. 38 BIA Action and the Copyright Action.
The court declined to award costs for the Copyright Action due to the defendants' limited involvement.
For the s. 38 BIA Action, the court found the defendants were passive participants who 'tagged along' with the primary moving parties.
The court apportioned 25% of the plaintiff's costs for that motion to these defendants, fixing the amount at $9,500 on a partial indemnity scale.