The plaintiffs were entirely successful at trial in an action regarding the ownership of a valuable piece of real estate.
They sought costs on a partial indemnity basis in the amount of $46,895.40, plus an additional $1,500 for attendances to settle the judgment.
The defendant argued that no costs should be awarded because the litigation was caused by the plaintiffs' failure to document their intentions clearly, or alternatively, that the costs sought were excessive.
The court rejected the defendant's argument for no costs and awarded the plaintiffs $37,500, finding this amount fair and reasonable given the scope of the engagement, the length of the trial, and the complexity of the issues.
