The Plaintiff, having obtained summary judgment, sought costs on a substantial indemnity basis.
The Defendant failed to file cost submissions.
The court, applying Rule 57.01 and Section 131(1) of the Courts of Justice Act, determined that while the Plaintiff was entitled to costs as the successful party, the Defendant's conduct did not meet the threshold for substantial indemnity.
Costs were awarded on a partial indemnity basis, fixed at $22,509.90, after deducting previously awarded costs.
