Following a successful motion for summary judgment on a personal guarantee, the plaintiff sought costs on a substantial indemnity basis or, alternatively, partial indemnity up to the date of an offer to settle and substantial indemnity thereafter.
The defendant argued the claimed amounts were excessive.
Applying the principles of reasonableness and proportionality under Rule 57.01, the court fixed costs at $12,500 inclusive of fees, disbursements, and HST, noting the motion was not complex but the defendant had unreasonably defended it and rejected a favourable offer to settle.
