The applicant, Marian Elizabeth Breukelman, sought costs on a partial indemnity basis after successfully defending a motion by the respondent, Dario Antonio Miret, to remove her lawyers for an alleged conflict of interest.
The court, M.D. Faieta J., assessed the costs considering factors such as the applicant's success, the complexity and importance of the issues, the respondent's failure to make an offer to settle, and the reasonableness of the time claimed by multiple counsel.
The court found the motion complex and important, and that the respondent failed to meet his obligation to settle.
While acknowledging the use of multiple counsel, the court found the total time claimed excessive and adjusted the costs downward.
