Following the dismissal of the plaintiff's action by summary judgment, the successful defendants sought costs of $41,258.00 on a substantial indemnity scale.
The self-represented plaintiff opposed the costs award, raising numerous allegations of improper conduct by defence counsel and relying on her own unaccepted settlement offer.
The court rejected the plaintiff's arguments and her request for an assessment, but also declined to award substantial indemnity costs, finding no egregious misconduct by the plaintiff.
Applying the Rule 57.01 factors and considering the defendants' failure to participate in mandatory mediation, the court fixed costs at $21,024.00.
