2 total
The successful plaintiff was awarded partial indemnity costs as the defendant's conduct did not warrant substantial indemnity.
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.
Summary judgment granted for $180,000 promissory note; defendant's counterclaims dismissed as statute-barred and meritless.
The plaintiff brought a motion for summary judgment seeking repayment of a $180,000 promissory note and a $5,000 loan from a past business venture.
The defendant opposed the motion and counterclaimed for damages, alleging the plaintiff was negligent as his real estate agent, caused a business venture to fail, and harassed him.
The court granted summary judgment for the $180,000 promissory note, finding it valid and enforceable.
The court dismissed the plaintiff's claim for the $5,000 loan and the defendant's counterclaims, finding them to be statute-barred and lacking in evidentiary merit.
The defendant was ordered to pay $180,000 plus pre- and post-judgment interest.
