Following an earlier decision dismissing the defendants’ motion to transfer the proceeding from Toronto to Simcoe, the court addressed the issue of costs.
The plaintiff sought $13,054.92 in costs on a partial indemnity basis, while the defendants argued that $4,000 would be appropriate.
The court held that although the defendants’ motion had some merit and was a close call, the plaintiff was entitled to reasonable costs for successfully opposing the motion, including travel time required due to the defendants’ choice of venue for the motion.
The court reduced the claimed preparation and research hours as excessive and fixed a reasonable partial indemnity award.
