Following the dismissal of summary judgment motions brought by the defendants, the plaintiff sought costs on a partial indemnity basis for successfully defending the motions.
The court considered the factors under Rule 57 of the Rules of Civil Procedure, including success, complexity, proportionality, and the conduct of the parties.
While the defendants’ motions were brought reasonably and with the objective of shortening the proceedings, the plaintiff was substantially successful in resisting them, though some issues remained for trial.
The court concluded that costs should be fixed immediately rather than deferred to the trial judge.
Costs were awarded to the plaintiff on a partial indemnity basis.
