This costs endorsement followed an unsuccessful third-party summary judgment motion seeking dismissal of a third party claim arising from a motor vehicle accident.
The court held that, in the post-Hryniak environment, substantial indemnity costs under Rule 20.06 may be awarded where a party acts unreasonably in bringing or responding to a summary judgment motion, without requiring egregious or reprehensible conduct.
The motion was found unreasonable because its legal basis was misplaced and the evidentiary record disclosed conflicting evidence requiring a trial.
The successful responding defendants were awarded substantial indemnity costs of $6,497.50 inclusive of HST.
