This decision addresses the issue of costs following the dismissal of Estates Associates Inc.'s claim against the McCowan defendants and Bryon C. Cohen.
The defendants sought substantial indemnity costs, citing unsubstantiated fraud allegations and offers to settle.
The plaintiff, represented in person, argued the amounts were excessive.
The court awarded partial indemnity costs, finding that while the case was complex, the allegations did not warrant substantial indemnity, and Rule 49.10(2) did not apply to award substantial indemnity to a successful defendant against an unsuccessful plaintiff.
