Following a trial where the plaintiff was awarded damages for building deficiencies against the builder and the municipality, the court determined the costs of the proceeding.
The plaintiff sought costs on a joint and several basis.
The court awarded the plaintiff partial indemnity costs but declined to make the order joint and several, instead apportioning liability for costs 65% to the municipality and 35% to the builder based on the relative amounts recovered.
The municipality was also awarded costs on its successful cross-claim against the builder.
