The defendant James Vezina sought costs of $4,171.65 from the co-defendant Economical Mutual Insurance Company after a motion for summary judgment was resolved by late consent.
Although the court noted that an award of $1,000 might have been fair and reasonable given the late consent, the court declined to award any costs.
The court based this decision on the moving party's choice to pursue costs from only one of the consenting parties and the improper disclosure of a prohibited statement made during a pre-trial conference.
