Following the dismissal of the plaintiff's summary judgment motion against one defendant, that defendant sought costs of $51,010.55.
The court declined to award costs payable forthwith, finding the plaintiff did not act unreasonably or in bad faith in bringing the motion.
Citing access to justice principles and the plaintiff's lack of financial means, the court ordered costs in the cause.
The court deferred the plaintiff's request for costs against another defendant whose counterclaim was dismissed due to being an undischarged bankrupt, requesting further information on whether the bankruptcy trustee was notified.
