The parties were unable to resolve the costs of a motion and cross-motion.
The moving defendants sought substantial indemnity costs, arguing the plaintiffs' claim lacked merit and delayed the proceeding.
The court rejected the request for substantial indemnity costs, finding no sanctionable conduct by the plaintiffs.
After considering divided success, excessive hours claimed, and unsubstantiated disbursements, the court fixed costs payable by the plaintiffs to the moving defendants at $10,000 inclusive of HST and disbursements.
