The respondents sought costs following the dismissal of the moving party's motion to extend time.
The respondents claimed costs on a substantial indemnity basis, including fees for new counsel necessitated by the moving party commencing an action against the respondents' original counsel.
The court found the motion was an abuse of process and awarded substantial indemnity costs.
After adjusting the hours and rates to reflect a fair and reasonable amount, the court fixed costs at $20,000 inclusive of disbursements and HST.
