The defendant unequivocally declared it would vigorously pursue costs if it succeeded on its motion to strike. I will once more quote Jenkins J. (as he then was) when he stated in Terris v. Crossman, [1995] P.E.I.J. No. 116, at para. 10: 10. The general rule is that costs normally follow the event. That is based on fairness and justice, which is to be applied for both parties. A person cannot expect to pursue unreasonably a claim for damages and then, following an expensive trial process, depend on the mercy of the court to avoid the normal obligations for costs. That course of action would be inequitable; it would unjustly transfer the burden of failed litigation to the successful party. It would also serve to signal that unjustified and exaggerated claims may be pursued without consequent risk of an adverse costs determination, despite the reasonable expectation of all other participants in the litigation process.
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