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The court awarded partial indemnity costs to the plaintiff following a dismissed summary judgment motion, rejecting a request for substantial indemnity.
This endorsement addresses the costs of a summary judgment motion brought by the defendant in a wrongful dismissal action, which was dismissed.
The plaintiff, as the successful party on the motion, sought substantial indemnity costs, arguing the defendant acted unreasonably in bringing the motion after the action was set down for trial without leave.
The court found no justification for substantial indemnity costs, noting the motion raised challenging issues consistent with the "culture shift" favouring proportionate dispute resolution.
The court fixed the plaintiff's costs at $5,400 on a partial indemnity basis, inclusive of disbursements and tax, payable within 30 days, dismissing the defendant's request to defer costs to trial.
