Following a successful motion by the plaintiffs to stay a Small Claims Court action brought by the defendants, the parties could not agree on costs.
The plaintiffs sought substantial indemnity costs of $10,849.06, citing unnecessary delays and late consent to relief by the defendants.
The court found the plaintiffs were the successful party and entitled to costs.
Applying Rule 57.01, the court awarded the plaintiffs costs in the elevated amount of $10,048.50, noting the defendants' conduct unnecessarily lengthened the proceeding.