2 total
The court awarded partial indemnity costs to the successful parties on three summary judgment motions, emphasizing the principle of reasonableness.
This ruling addresses costs arising from three summary judgment motions in consolidated actions.
In the first motion, B-W Feed & Seed Ltd. (BWFS) successfully dismissed a third-party claim by Stargate Manufacturing Inc., with the court finding BWFS owed no duty of care to Stargate.
BWFS was awarded partial indemnity costs of $33,458 against Stargate.
In the second motion, Stargate successfully defended a summary judgment claim brought by BWFS as plaintiff, and was awarded partial indemnity costs of $13,186.34 against BWFS.
In the third motion, Zehr Transport Ltd. successfully defended a summary judgment motion by Transit Trailer Limited, which sought to dismiss Zehr's action for breach of contract, warranty, and negligence.
Zehr was awarded partial indemnity costs of $13,159.30 against Transit.
The court emphasized the principle of reasonableness in fixing costs, considering factors under Rule 57.01, and reiterated that elevated costs (substantial indemnity) are generally reserved for egregious misconduct, not merely an offer to settle outside Rule 49.10.
Summary judgment motions were largely dismissed due to complex factual disputes requiring a trial, except for one third-party claim.
This case involved three motions for summary judgment arising from two consolidated actions following a dump trailer tipping incident.
B-W Feed & Seed Ltd. (BWFS) moved to dismiss a third-party claim by Stargate Manufacturing Inc. and also for summary judgment against Stargate.
Transit Trailer Limited moved to dismiss an action against it by Zehr Transport Ltd. The court granted BWFS's motion to dismiss Stargate's third-party claim, finding no cause of action.
However, BWFS's motion for summary judgment against Stargate was dismissed due to complex factual issues requiring a trial.
Transit's motion for summary judgment against Zehr was also dismissed, as Zehr raised triable issues regarding breach of implied conditions under the Sale of Goods Act, manufacturer's warranty, and Transit's duty to warn.
