The appellants (defendants) were successful in their appeal, resulting in the plaintiffs' statement of claim being struck out as an abuse of process and the action dismissed.
The parties could not agree on costs, and the court received written submissions.
The appellants sought $42,302.66 on a partial indemnity scale, while the respondents argued for a reduced amount of $12,000 to $14,000.
The Divisional Court found no reason to reduce the amounts claimed, noting the action involved serious allegations of fraud, conspiracy, dishonesty, and malice.
Costs were fixed at $42,302.66, payable by the respondents to the appellants.