This was a costs decision following an earlier order dismissing the action against one defendant, lifting a stay imposed after a security for costs order, and varying a timetable.
The court declined to make any costs order regarding the remaining defendants because the action continued against them and the record did not permit an assessment of merit.
The dismissed defendant was treated as successful in the action, particularly given the serious unwithdrawn allegations of deceptive conduct, bad faith, reprehensible behaviour, and fraud-like conduct.
Relying on the principle that unsubstantiated fraud or dishonesty allegations can justify elevated costs, the court awarded that defendant substantial indemnity costs fixed at $20,000.
