Following the successful dismissal of the defendant's counterclaim under the anti-SLAPP provisions of the Courts of Justice Act, the plaintiff sought damages under s. 137.1(9) and full indemnity costs under s. 137.1(7).
The court dismissed the claim for damages, finding no evidence that the counterclaim was brought in bad faith or for an improper purpose.
The court awarded costs of $95,173.26, noting that while full indemnity costs are presumptive, the awarded amount was fair and proportionate given that the main action was continuing and some work would be useful in that proceeding.
