The defendant, having been successful on a summary judgment motion, sought costs on a substantial or partial indemnity basis.
The plaintiff, the responding party, argued for a lower partial indemnity amount.
The court considered the factors outlined in Rule 57 of the Rules of Civil Procedure, including the success of the motion, the complexity and importance of the matter, and the principle of proportionality.
While acknowledging the complexity and importance of the issue to the defendant municipality, the court found the time spent by junior counsel to be excessive for what the losing party would reasonably expect to pay.
Costs were ultimately awarded on a partial indemnity basis, significantly reducing the defendant's requested amount.
