Following earlier motions seeking dismissal of two civil actions for delay, the court had dismissed the motions to dismiss but granted alternative relief compelling compliance with prior court orders, including outstanding undertakings.
The defendants and third party sought costs.
The court found that the plaintiffs had violated multiple court orders and allowed the actions to stagnate for several years, making the motion justified.
Applying Rule 57 and the fairness principles from Boucher, the court held that although the moving parties achieved only partial success, the plaintiffs’ conduct warranted a costs award.
Reduced costs were therefore ordered against the plaintiffs jointly and severally.
