The defendant, having been entirely successful at trial, sought costs on a substantial indemnity basis due to the plaintiff's unsubstantiated allegations of fraud and dishonesty.
The court found that the plaintiff made serious allegations of deliberate wrongdoing without any effort to prove them, using the litigation to try to escape a commercial agreement.
The court held this conduct was reprehensible and warranted punitive costs.
The plaintiff was ordered to pay costs of $456,560.11 on a substantial indemnity basis.
