Following the successful dismissal of the plaintiff's action on a motion for summary judgment, the defendants, the University of Sudbury and Pierre Zundel, sought costs.
The defendants had previously advised the plaintiff that he had no right to sue and had served an offer to settle for a dismissal without costs, which was not accepted.
The court awarded the defendants substantial indemnity costs in the amount of $38,969.21, finding the amount reasonable and proportionate.
