Following the court’s earlier decision declining to certify a proposed class proceeding, the parties addressed the issue of costs for the certification motion.
The plaintiffs had received funding from the Law Foundation of Ontario, which indemnified them against adverse cost awards.
The parties and the Law Foundation agreed that the costs of the certification motion would be payable to the defendant.
The court issued an endorsement reflecting the parties’ consent that costs be paid to the defendant in the amount of $50,000 inclusive of taxes and disbursements.
