The plaintiff sought full indemnity costs of $58,030 against the defendants (indemnitors) following a successful motion, relying on a lease provision.
The responding indemnitor argued the lease provision applied only to the tenant, not the indemnitors.
The court agreed, finding no basis for full indemnity costs against the indemnitors and noting issues with the plaintiff's dockets.
The court awarded partial indemnity costs, reducing the claimed fees for a second counsel's attendance and reducing disbursements for lack of particularity, fixing total costs at $28,815.28.