This costs endorsement follows the successful appeal by Nedaneg Financial Corporation of the dismissal of its motion for a certificate of pending litigation.
The only issue before the court was the scale of costs to be awarded.
The court found that while there was a strong prima facie case of fraud, the conduct of the respondents was not sufficiently scandalous or outrageous to warrant substantial indemnity costs.
The court awarded Nedaneg costs on a partial indemnity basis in the amount of $80,000, payable within 15 days.
