Following a successful motion by the respondent to remove the applicant's solicitor and the dismissal of the applicant's cross-motion for summary judgment, the court determined the issue of costs.
The respondent sought full indemnity costs of $6,955.80, citing offers to settle and alleged inflammatory remarks by opposing counsel.
The court found the remarks did not warrant an enhanced award and noted that 'no-cost' offers do not automatically trigger Rule 18 consequences.
Costs were fixed at $4,400, slightly higher than partial indemnity, payable by the applicant to the respondent.
