Following dismissal of a summary judgment motion that sought to bar an unjust enrichment claim on limitation grounds, the applicant requested costs based on her success.
The court held that although the motion had been dismissed, the outcome resulted partly from the applicant’s own failure to amend her pleadings to properly include the unjust enrichment claim after obtaining leave to do so.
The respondent had also failed to plead the limitation issue, contributing to the motion’s failure.
In the circumstances, the court determined that awarding costs to the applicant would improperly reward her pleading deficiency.
The request for costs was therefore dismissed and no costs were awarded to either party.
