Peter Waldman

The defendant sought substantial indemnity costs for the entire action after successfully moving to dismiss the proposed class action for delay.

The plaintiffs argued the costs claimed were excessive and that previous steps had already been addressed by prior costs rulings.

The court declined to award substantial indemnity costs, finding the plaintiffs' response to the motion did not warrant an elevated scale.

The court awarded the defendant partial indemnity costs for the delay motion and reimbursement for mediation disbursements, fixing costs at $125,000 all-inclusive.

The defendant lawyer brought a motion to enforce a settlement agreement allegedly reached with the plaintiff regarding a claim arising from the sale of a matrimonial home.

The plaintiff argued that his former counsel did not have the authority to settle the matter and that no binding agreement was reached.

The court reviewed the email correspondence between counsel and found that a binding settlement had been reached on November 30, 2016.

The court enforced the settlement, dismissing the claim against the defendant without costs and requiring the plaintiff to sign a release.

Following a successful motion by the defendants to strike the plaintiff's statement of claim, the court determined the appropriate quantum of costs.

The defendants sought substantial indemnity costs of approximately $230,000, arguing that the plaintiff's unproven allegations of fraud justified an elevated award.

The plaintiff argued for partial indemnity costs of approximately $39,000.

The court agreed that unproven fraud allegations warrant higher costs, but found the defendants' claim excessive, particularly the $40,000 spent preparing brief costs submissions.

Costs were fixed at $200,000 all-inclusive.