In this costs decision following a motion to set aside a default judgment, the plaintiff sought costs of the motion and costs thrown away after the judgment was partially set aside as against the individual defendants but left in place against the corporate defendants.
The court held that, although success on the underlying motion was divided, the defendants' deliberate failure to participate in the proceeding necessitated the motion and justified an award of costs to the plaintiff under the principle that the price of a granted indulgence is payment of the opposing party's costs.
Solicitor-client costs were refused because the plaintiff's offer to settle included terms not achieved on the motion.
Costs of the motion were fixed at $27,866.65 inclusive, and costs thrown away were fixed at $18,349.72, payable within 30 days.
