This endorsement addresses costs following a summary trial where the plaintiff's claim was dismissed.
The defendant, who successfully defended the action, sought costs up to the maximum allowed under simplified procedure rules ($84,750).
The plaintiff did not make submissions.
The court considered factors under Rule 57.01, noting the defendant's counsel incurred excessive hours due to travel and having two counsel, and characterized the defendant's litigation approach as "scorched earth" and disproportionate.
The court also found neither party made serious efforts to resolve the case economically.
Ultimately, the court exercised its discretion to award the defendant costs fixed at $45,000, inclusive of fees, disbursements, and HST, which was less than the maximum sought.