Following the successful summary dismissal of a counterclaim brought against a real estate brokerage, the court determined costs on a partial indemnity basis.
The brokerage had sought substantial indemnity costs of $21,089.91, arguing the counterclaim alleged fraud, misrepresentation, and negligence with potential reputational harm.
The court declined to award substantial indemnity costs, finding no reprehensible, scandalous, or outrageous conduct, but awarded partial indemnity costs of $13,357.41 inclusive of fees, HST, and disbursements, payable within 30 days.