Following a summary judgment motion where the plaintiff succeeded against the corporate defendant and one individual defendant (Brar) for breach of contract and fraudulent misrepresentation, but failed on the fraud claims against the other individual defendant (Sharma), the court determined costs.
The plaintiff was awarded substantial indemnity costs of $55,000 against Brar due to the finding of fraud.
The corporate defendant was held jointly and severally liable for $40,000 of those costs on a partial indemnity basis.
No costs were awarded to or against Sharma due to divided success.
