The plaintiffs brought an unsuccessful summary judgment motion against the defendants regarding vicarious liability for the fraudulent acts of their employee.
The defendants sought their costs of the motion on a substantial indemnity basis, while the plaintiffs argued costs should be reserved to the trial judge.
The court ordered that the costs of the summary judgment motion be reserved to the trial judge, as the issues remained live and the work done would reduce trial costs.
The court also found the plaintiffs were entitled to substantial indemnity costs for their default judgment motion against the employee, but requested a revised costs outline.
