This costs endorsement followed an unsuccessful summary judgment motion brought by the defendants.
The plaintiff sought costs totaling $37,358.51, arguing for substantial indemnity from November 19, 2018, due to an Offer to Settle.
The court found the Offer to Settle lacked a true element of compromise and did not trigger substantial indemnity costs.
Applying principles of fairness, proportionality, and reasonableness under the Courts of Justice Act and Rule 57.01, the court awarded the plaintiff $20,000 in partial indemnity costs, inclusive of costs thrown away and disbursements, noting the motion's importance but not its complexity.
