Following two unsuccessful defence motions seeking to adjourn a scheduled construction lien trial and introduce a late expert report, the court addressed costs consequences.
The court found that the motions were tactical attempts to delay the proceedings and manipulate the Rules of Civil Procedure after a trial date had already been scheduled.
Substantial indemnity costs were awarded against the defendants for both motions as a sanction for litigation conduct intended to frustrate the plaintiff’s claim and waste court resources.
The court reduced certain hourly rates claimed but fixed costs on a substantial indemnity basis for each motion.
The defendants were ordered to pay fixed costs totaling $6,309.12 for the June motion and $5,761.02 for the August motion.
