The plaintiff was injured at Centreville and sued the City of Toronto and Beasley Enterprises.
The City requested Beasley to assume its defence pursuant to a licence agreement, but Beasley refused and crossclaimed against the City.
The action was eventually settled by Beasley and discontinued against the City.
The City brought a motion for its costs.
The court found the plaintiffs acted reasonably in keeping the City in the action, but ordered Beasley to pay the City's partial indemnity costs of $20,689.85 due to the indemnity provisions in the licence agreement and Beasley's refusal to let the City out of the action.
