Case Background:

• On June 3, 2024, the court dismissed the plaintiff’s action following a summary judgment motion in favor of the defendants.
• The current decision concerns the parties’ submissions regarding costs.

Defendants’ Position:

• Requested Amount: $31,438.35 on a substantial indemnity basis.
• Justification:
  • The defendants' offer to settle (which included dismissal of the action without costs) was more favorable than the final court decision.
  • The plaintiff’s refusal to accept the offer and the nature of his claim warranted substantial indemnity costs.

Plaintiff’s Position:

• Requested Amount: $13,334.00 on a partial indemnity basis.
• Arguments:
  • The defendants’ bill of costs included excessive time and fees, particularly for their law clerk.
  • Duplications of effort were identified in key stages of the case.

Court’s Findings:

• Costs Scale: The court found that a partial indemnity scale, not substantial indemnity, was appropriate. The plaintiff’s conduct was not sufficiently egregious to warrant elevated costs.
• Quantum: The court determined that the hourly rate for the defendants' law clerk was excessive and made reductions for possible duplication of work.

Conclusion:

• The plaintiff was ordered to pay $22,000.00 to the defendants on a partial indemnity basis.