Following motions granting leave to amend statements of claim under Rules 5.04 and 26.01 of the Rules of Civil Procedure, the court addressed costs.
The plaintiffs sought substantial indemnity costs, arguing complete success and alleging procedural misconduct including late responding materials and a property transfer during the motion.
The defendants argued that the amendments constituted an indulgence and that their opposition was reasonable given the plaintiffs’ delay in bringing the motions.
The court found that the plaintiffs had delayed unnecessarily, creating additional discoverability issues that justified the defendants’ opposition.
No order for costs was made.
