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Costs of $5,000 awarded to defendants following successful motion to enforce settlement despite plaintiffs' financial hardship.
Following a successful motion by the defendants to enforce a binding settlement, the defendants sought costs of the motion.
The defendants requested $5,000 on a partial indemnity basis.
The plaintiffs opposed, arguing financial hardship and seeking costs themselves.
The court found the defendants' request to be reasonable and modest, and fixed costs at $5,000 inclusive of fees, HST, and disbursements, payable if demanded.