This decision concerns the allocation of costs following a trial in which the plaintiffs, Faulkner Real Estate Ltd. and Judy Faulkner, sought damages for alleged exposure to mould in office space leased from the defendants, Sakto Corporation and Waterford Property Group Ltd. The plaintiffs initially claimed over $6,000,000, later reducing the claim to approximately $3,291,000, but were awarded only $4,000 as a partial rent abatement.
The court found the defendants to be the overwhelmingly successful parties and, after considering the offers to settle and other relevant factors, ordered the plaintiffs to pay the defendants' costs on a partial indemnity basis.
