Following the dismissal of a motion for leave to appeal in a class proceeding, the court addressed the issue of costs.
The successful party sought full indemnity costs including significant hours for factum preparation, while the opposing party provided its own cost outline for comparison.
The court applied the usual rule that costs follow the event and assessed costs on a partial indemnity basis at 55% of a reasonable full indemnity bill.
Considering the excessive but understandable factum preparation, the court fixed costs payable by the defendant to the plaintiff at $7,000.
