The plaintiff sought costs on a partial indemnity basis following the dismissal of the defendants' motion for leave to appeal an interlocutory injunction.
The plaintiff claimed $45,391.40 inclusive of GST and disbursements, while the defendants argued $25,000 was fair and reasonable.
The court noted that much of the work had already been prepared for the original injunction motion.
Applying Rule 57.01(1), the court fixed costs at $28,627.40, payable jointly and severally by the defendants.
