The defendants' motion for summary judgment to dismiss a medical malpractice action based on a limitation period was previously dismissed.
The plaintiffs sought costs of the motion in the amount of $20,691.22, while the defendants argued costs should be reserved to the trial judge or fixed at $15,000 in the cause.
The court fixed the plaintiffs' costs at $18,700, inclusive of fees, HST, and disbursements.
Applying Rule 57.03(1) of the Rules of Civil Procedure, the court ordered the costs to be payable by the defendants within 30 days, rejecting the defendants' request to defer the costs to the trial judge.