Following successful motions by the defendants for security for costs under Rule 56.01(1)(d) of the Rules of Civil Procedure, the court addressed the appropriate costs awards for those motions.
The defendants sought costs on a partial indemnity basis exceeding $11,000 and $16,000 respectively.
The plaintiff argued that the requested amounts were excessive for motions of this nature.
Applying the principles under section 131 of the Courts of Justice Act and Rule 57.01, and emphasizing proportionality under Rule 1.04(1.1), the court concluded the requested amounts were excessive given the straightforward issues and the partial success achieved by the defendants.
The court awarded costs of $7,000 inclusive of HST and disbursements to each set of moving defendants.