The plaintiff brought an unsuccessful summary judgment motion in a wrongful dismissal action.
The parties made written submissions on costs.
The defendant sought costs of $88,332.37 payable immediately, while the plaintiff argued costs should be reserved to the trial judge.
The court held that because the plaintiff was unemployed and the motion materials would be useful at trial, ordering immediate payment of significant costs would impede access to justice.
Costs of the motion were reserved to the trial judge.