What is the current state of the law on costs under Rule 57.07?

Given that Rule 57.07 is not intended to be used to punish solicitors’ misconduct, except to the extent that such misconduct has resulted in wasted and unnecessary costs, how should this rule be applied to the present case? In my opinion, the entire proceeding necessitated an expenditure of unnecessary costs on the defendants’ part because the plaintiff’s action was doomed to failure from its inception. The action was a clear abuse of process in the form of a collateral attack on orders made by the judicial defendants in the Harry Potter action in Toronto and could not possibly have succeeded due to the absolute immunity of judicial officers in respect of the performance of their judicial functions. In circumstances comparable to these, costs have been awarded against counsel personally under Rule 57.07, see Schreiber v. Mulroney. 2007 CanLII 31754 (ON SC), [2007] O.J. No. 3191 (S.C.J.).