Following the dismissal of the defendants' motions for summary judgment, the successful plaintiff sought costs of $11,000.
The Condominium defendants argued that costs should not be awarded due to pleading deficiencies or should be in the cause.
The court found that this case fell within the exceptional class of cases where costs in the cause is warranted, as the merits were yet to be adjudicated and the motion materials would be useful at trial.
Costs were ordered in the cause.
