The defendant abandoned a summary judgment motion on the eve of argument after the plaintiffs had repeatedly warned that credibility issues required a trial.
The plaintiffs sought costs for the abandoned motion.
The court found that the defendant acted unreasonably in bringing and pursuing the motion, which stood virtually no chance of success, and awarded the plaintiffs costs on a substantial indemnity basis.
The court also allowed a small set-off for the defendant's costs of responding to the plaintiffs' tactical cross-motion, which was also abandoned.
The plaintiffs were awarded net costs of $37,000.
