Following a successful motion by the defendants to strike the plaintiff's statement of claim, the court determined the appropriate quantum of costs.
The defendants sought substantial indemnity costs of approximately $230,000, arguing that the plaintiff's unproven allegations of fraud justified an elevated award.
The plaintiff argued for partial indemnity costs of approximately $39,000.
The court agreed that unproven fraud allegations warrant higher costs, but found the defendants' claim excessive, particularly the $40,000 spent preparing brief costs submissions.
Costs were fixed at $200,000 all-inclusive.
