Following a successful summary judgment motion for the forfeiture of a $50,000 deposit, the plaintiff, Brian Coghlan, sought $86,000 in costs.
The defendants, Unique Real Estate Holdings Inc. and Brent Lipke, opposed the quantum, proposing a range of $10,000 to $14,000.
The court, applying Section 131 of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, rejected the plaintiff's claim for substantial indemnity costs under Rule 49.10(1) as the offer to settle was not more favourable than the judgment.
The court also declined to hold the individual defendant, Brent Lipke, personally liable for costs.
Ultimately, the court awarded Brian Coghlan partial indemnity costs of $17,000, inclusive of disbursements and HST, to be paid by Unique Real Estate Holdings Inc., finding this amount to be fair and reasonable given the case's complexity and proportionality principles.