The defendants successfully moved to dismiss the plaintiffs' action for want of jurisdiction and sought their costs.
The plaintiffs argued they were impecunious and that no costs should be awarded.
The court held that impecuniosity does not immunize a party from costs, particularly where the action should not have been brought.
The court declined to award full or substantial indemnity costs, finding the plaintiffs' conduct did not reach the required threshold of reprehensible behavior.
Partial indemnity costs were awarded to the defendants, fixed at $25,000 and $35,000 for fees, plus disbursements and HST.
