The defendants were successful on a motion for summary judgment dismissing the plaintiff's $11 million claim and sought costs on a substantial indemnity basis, claiming over $100,000 in fees.
The plaintiff argued the defendants' costs were disproportionate and suggested an award of approximately $21,000 on a partial indemnity basis.
The court considered the factors under Rule 57.01 and the principles of fair and reasonable expectations.
Finding the defendants' claimed costs disproportionate to the complexity of the matter and the plaintiff's costs, the court exercised its discretion to fix costs at $30,000 inclusive of disbursements and HST.
