Issue: The case involves a motion regarding discovery-related disputes. The plaintiff had failed to respond to certain undertakings during discovery, and the court ordered him to answer them.

Motion Outcome:

• • The defendants sought partial indemnity costs of $19,249.65 for the motion, claiming they were largely successful.
  • The plaintiff argued for each party to bear their own costs, citing divided success and the defendants’ failure to plan discovery properly.

Court Decision:

• • The defendants were deemed more successful, as they won on key issues regarding the plaintiff’s obligations in discovery, but success was divided.
  • The court criticized both parties for failing to engage in proper discovery planning, which made the motion more costly and time-consuming than necessary.
  • The court reduced the defendants’ costs award to $5,000, considering the lack of a discovery plan.

Legal Principles:

• • Costs in litigation are discretionary, guided by Rule 57.01 of the Ontario Rules of Civil Procedure, and the principle of indemnity.
  • A failure to comply with discovery planning obligations can lead to reduced cost awards.