Following the dismissal of the plaintiff’s motion to amend a statement of claim to substitute named defendants for John/Jane Doe defendants, the court addressed costs between the plaintiff and one proposed defendant.
The proposed defendant sought partial indemnity costs after successfully opposing the motion.
The plaintiff challenged several components of the claimed costs, including preparation of a factum, travel time, and the total hours claimed, and argued that the interests of the proposed defendants were identical such that separate costs should not be awarded.
The court rejected those submissions, finding the proposed defendants’ interests were not the same and that separate representation was appropriate.
The court fixed fair and reasonable costs payable by the plaintiff.
