2 total
Plaintiff awarded $33,000 in partial indemnity costs after successfully defending multiple summary judgment motions.
Following the dismissal of the defendants' motions for summary judgment regarding a prefabricated building dispute, the parties could not agree on costs.
The plaintiff sought $50,000 in elevated costs or $40,000 on a partial indemnity basis.
The court found no basis for elevated costs but awarded the plaintiff partial indemnity costs.
Noting some excessiveness in the plaintiff's use of two lawyers, the court fixed the costs at $33,000, inclusive of disbursements, to be paid equally by the defendants, and ordered a case conference to manage outstanding issues.
Summary judgment motion by defendants dismissed as genuine issues for trial exist regarding duty of care and limitation period.
The defendants brought a motion for summary judgment to dismiss the plaintiff's action regarding the defective construction of a storage building.
The defendants argued they owed no duty of care because they followed the plaintiff's specifications for ventilation, and that the action was statute-barred.
The court dismissed the motion, finding the defendants failed to meet their evidentiary burden to show there was no genuine issue requiring a trial regarding their duty of care and reliance.
The court also found the evidence did not establish the claim was discovered outside the two-year limitation period.
