P. Stern

The appellant requested corrections to a previous endorsement, arguing it inaccurately stated he had been charged with criminal fraud and that the insurer alleged he assisted his mother's impropriety.

The court amended the endorsement to clarify that only his mother was criminally charged, as consented to by the respondent.

However, the court declined to amend the statement regarding the civil allegations, finding that the original endorsement actually understated the severity of the insurer's fraud and conspiracy allegations against the appellant.

The court determined the costs consequences following multiple contested discovery and procedural motions in a commercial dispute.

The defendants sought costs after successfully opposing aspects of the plaintiff’s motion to vary a discovery timetable and after succeeding on their own motion requiring the plaintiff to amend pleadings, deliver a proper affidavit of documents, and answer undertakings.

The court found the defendants substantially successful and ordered the plaintiff to pay costs.

Although the defendants requested substantial indemnity costs based on alleged misconduct, the court held that the plaintiff’s positions were not egregious and awarded costs only on a partial indemnity scale.

Costs were fixed at $15,000 for one group of defendants and $20,000 for another, inclusive of taxes and disbursements.