The Ministry appealed a costs order awarding the plaintiffs $150,000 in partial indemnity costs following a motion to join the Ministry as a party and amend the statement of claim.
The Ministry argued the costs were excessive for a pleadings motion and that the judge failed to properly apply Rule 57.01.
The Divisional Court dismissed the appeal, finding that the motion was treated as a 'mini-trial' by the Ministry, the issues were of significant importance, and the judge properly considered the relevant factors in exercising his discretion to fix costs.
