Following dismissal of a civil action against a casino operator arising from a fraudster gambling stolen funds, the defendant sought partial indemnity costs of the action.
The plaintiffs argued the case raised a novel legal issue and that awarding costs would unfairly compound the losses already suffered through the fraud.
The court considered the access to justice principles discussed in Boucher v. Public Accountants.
In the circumstances, the court exercised its discretion to decline awarding costs.
No costs were ordered despite the defendant’s success in the underlying action.
