Following the dismissal of the defendant's motion for leave to serve and rely on a late expert report, the parties could not agree on costs.
The plaintiff sought substantial indemnity costs of over $20,000, arguing the defendant's conduct warranted a punitive scale.
The court found the defendant's position on the motion was arguable and did not constitute an intentional breach of a prior order.
Applying the factors in Rule 57, the court awarded the plaintiff partial indemnity costs fixed at $10,000 plus HST.
