This endorsement addresses the issue of costs following a trial where there was divided success between the parties.
The Defendants sought costs on a partial indemnity basis, arguing they were the successful parties as they recovered compensation and secured protection from mortgage liability.
The Plaintiff also sought costs.
The court agreed that the Defendants were the successful parties for the purpose of costs but adjusted the amount claimed by the Defendants downwards.
The court awarded costs, including disbursements and taxes, to the Defendants in the amount of $45,000, to be paid by the Plaintiff.
