Following the dismissal of a defendants’ motion for summary judgment, the court addressed costs.
The successful party sought costs of approximately $19,667, arguing the implied denial rule made a reply unnecessary.
The court held that the plaintiff failed to properly plead the factual basis for rescission of a key agreement, contrary to Rules 25.07(3) and 25.08(1) of the Rules of Civil Procedure, because a different version of facts must be specifically pleaded in a reply.
Although the plaintiff successfully resisted summary judgment, the inadequate pleadings contributed to the motion being brought.
In the circumstances, the court ordered that neither party receive costs of the summary judgment motion.
