Following a successful motion for partial summary judgment dismissing an insurance claim for contents loss arising from a hotel fire, the insurer sought partial indemnity costs exceeding $25,000.
The plaintiff challenged the reasonableness of the claimed hours, the use of two counsel, and the hourly rates applied.
The court reviewed the governing principles under Rule 57.01 of the Rules of Civil Procedure and relevant appellate authority emphasizing reasonableness, proportionality, and the reasonable expectations of the unsuccessful party.
Although the insurer succeeded on the underlying motion, the court found the time docketed and partial indemnity rates somewhat excessive and reduced the requested amount.
Costs of $17,500 plus HST were awarded as fair and reasonable for the summary judgment motion.
