Costs were determined following motions concerning the validity of minutes of settlement and enforcement of judgment.
A defendant by counterclaim had unsuccessfully sought to set aside settlement minutes on the basis of alleged mental incapacity, while the bank successfully obtained judgment under those minutes.
The bank sought substantial indemnity costs exceeding $64,000, arguing the motion lacked merit and required significant preparation including expert psychiatric evidence.
The court held that although the bank was successful, substantial indemnity costs were not warranted and awarded partial indemnity costs of $19,900 against the unsuccessful moving party.
A co-defendant who supported the bank’s position was denied any costs because his participation duplicated the bank’s submissions.
