Following the dismissal of a civil action on summary judgment, the successful defendant sought costs on a partial indemnity basis.
The court considered the defendant’s bill of costs, the conduct of the plaintiff during the litigation, and the principles governing costs under Rule 57.01 of the Rules of Civil Procedure.
The plaintiff challenged the fairness of the earlier decision and disputed the hours billed by defence counsel.
The court held that costs generally follow the event and that the rates and hours claimed were largely reasonable.
Costs of the action, including the summary judgment motion, were fixed at an all-inclusive amount of $30,000.