The plaintiff brought a motion to strike the defendants' statement of defence due to the nonpayment of previous costs awards totaling $25,700.
On the eve of the hearing, the parties settled the motion, leaving only the issue of costs to be decided.
The plaintiff sought costs of approximately $15,000 on a substantial indemnity basis, while the defendants argued for $2,500 to $3,500.
The court found the motion was unnecessary and caused by the defendants' failure to pay prior awards, but reduced the plaintiff's claimed hours for an articling student.
Costs were fixed at $6,000 inclusive of HST and disbursements.
