One of the arguments made by the plaintiff was that the defendant was only entitled to costs of the motion, not the entire action. Justice Morgan disagreed, holding that:
 I agree with Mr. Bizezinski that where summary judgment dismisses the action, it is the costs of the action in its entirety that are at issue. To hold otherwise would allow a party who brings spurious litigation to cause the opposing side to incur substantial costs with no means of compensation.
The defendant was awarded costs of the entire action on a substantial indemnity basis due to the plaintiff's conduct, which was described as "aggressive and high-handed". The decision is a nice synopsis of some of the basic principles relating to costs.