Following a summary judgment motion resolved by agreement, the applicant sought costs against the respondent Figueira.
The court held that the applicant was entitled to full indemnity costs based on the clear wording of a promissory note signed by the respondent, which provided for 'all costs of the collection'.
The court apportioned the total costs claimed among the three respondents and awarded the applicant $39,500 in full indemnity costs against Figueira.