The plaintiff sought costs on a substantial indemnity basis after successfully responding to the defendants' unsuccessful motion for summary judgment.
The defendants argued for partial indemnity costs of $10,000.
The court found that while the defendants acted unreasonably in bringing their motion, the plaintiff's own evidence had deficiencies and they abandoned their request for summary judgment in their favour.
Consequently, the court awarded costs on a partial indemnity basis, fixing the amount at $21,966.36, after adjusting hourly rates, percentages, and disallowing certain disbursements.
No costs were awarded for the costs submissions due to deficiencies in both parties' filings.
