This endorsement addresses the costs of a successful motion by the plaintiffs to strike the defendants' Statement of Defence.
The plaintiffs sought substantial or partial indemnity costs, arguing the defendants' non-compliance with disclosure obligations necessitated the motion.
The court found the plaintiffs' claimed hourly rates excessive for the Northwest Region and the docketed hours unreasonable for a non-complex, largely undefended procedural motion.
Applying principles that costs should be fair and reasonable, reflecting parties' expectations, the court awarded the plaintiffs $7,500.00, inclusive of fees, HST, and disbursements, significantly less than sought.