Following the dismissal of the plaintiff's motion for leave to issue a certificate of pending litigation, the successful defendants sought full indemnity costs of $17,800.89.
The court considered the defendants' offer to settle and the principles under Rule 49.10(2), noting that the presumptive rule for elevated costs does not strictly apply when a plaintiff's claim is entirely dismissed.
Balancing the complexity of the motion, the amount at stake, and the reasonable expectations of the parties, the court fixed costs at $11,563.29 inclusive of disbursements and HST.
