This costs endorsement arose from a settled production motion and an unbrought security for costs motion.
The Plaintiff sought substantial or partial indemnity costs for the production motion, while the Defendant Province argued for costs to be reserved or a nominal partial indemnity.
The court found exceptional circumstances to award costs despite the settlement, primarily due to the Province's unresponsiveness and failure to meet deadlines, which caused the Plaintiff to incur unnecessary costs.
The Plaintiff's request for substantial indemnity was rejected, as was the Province's low offer.
The court fixed costs at $15,000 on a partial indemnity scale, payable by the Province to the Plaintiff within 30 days, finding this amount fair, reasonable, and proportionate.