Following dismissal of a large class action brought by a class of pilots against another class of pilots alleging economic torts, breach of fiduciary duty, and negligent misrepresentation, the successful defendants sought $1.5 million in costs.
The court considered the discretion under s. 131 of the Courts of Justice Act and the factors under Rule 57.01, as well as s. 31 of the Class Proceedings Act, 1992.
Although the proceeding involved unusual procedural features including a defendant class and lengthy litigation history, the court found it was primarily a private commercial dispute and not a test case or matter of public interest.
Despite the defendants’ success and their settlement offers, the court determined that aspects of the defendants’ conduct in their dealings with the plaintiffs justified denying them costs.
Each side was ordered to bear its own costs.
