This endorsement addresses the issue of costs following the dismissal of the plaintiff's motion on April 28, 2017.
The defendant sought costs ranging from partial indemnity to substantial indemnity, while the plaintiff proposed partial indemnity costs of approximately $2295.
The court, exercising its discretion under s. 131 of the Courts of Justice Act and Rule 57.01, determined that the case did not merit substantial indemnity costs.
Costs were fixed at $4,000, payable forthwith by the plaintiff to the defendant.