The plaintiff, Truestar Investments Ltd., was entirely successful in its action, including a motion for summary judgment, which resulted in the setting aside of fraudulent property transfers.
This endorsement addresses the plaintiff's request for partial indemnity costs.
The defendant, Iris Baer, did not dispute Truestar's entitlement to costs but challenged the quantum.
The court considered the factors under Rule 57.01(1) of the Rules of Civil Procedure, noting the complexity of the matter, the importance of the issues (recovering assets for creditors in a related bankruptcy), and the conduct of the defendant.
Specifically, Baer's late introduction of an argument necessitated two separate appearances for the summary judgment motion, increasing Truestar's costs.
The court found Truestar's counsel's hourly rates and docketed time reasonable, especially given the senior counsel's experience and the additional work required as the moving party.
The court fixed Truestar's partial indemnity costs at $28,900, inclusive of fees, disbursements, and HST, and awarded an additional $1,750 for costs submissions.