In this costs-only decision following abandonment of a trial, the defendant sought substantial indemnity costs after the plaintiff advised shortly before trial that no evidence would be called.
The action concerned a non-earner benefit claim and claims for aggravated, punitive, and mental distress damages, with pleadings alleging unlawful claims practices, conspiracy, and bad faith.
The court held those allegations were akin to unproven fraud allegations, were unsupported by any evidentiary foundation, and constituted conduct worthy of sanction.
Substantial indemnity costs were therefore awarded to the defendant in the amount of $35,692.97, payable forthwith.
