The Plaintiff sought costs incurred for preparing a summary judgment motion, which became unnecessary after the Defendant, initially self-represented, retained counsel and filed an Amended Statement of Defense.
The Plaintiff requested costs on a full or substantial indemnity basis.
The court, exercising its discretion under section 131 of the Courts of Justice Act, awarded the Plaintiff a reduced amount of $1,000 in costs thrown away, considering the Defendant's initial lack of legal representation and the potential future utility of the Plaintiff's motion preparation.
