The defendants abandoned their motion for summary judgment after the plaintiff successfully moved to extensively amend the statement of claim.
Both parties sought costs of the abandoned motion.
The court found that the plaintiff's late and extensive amendments, which prompted the defendants to reconsider and abandon their motion, constituted exceptional circumstances justifying a departure from the presumptive rule that a responding party is entitled to costs of an abandoned motion.
The court awarded costs of the abandoned motion to the defendants in the amount of $33,540.66.
