Following the dismissal of a civil action, the successful defendants sought an award of costs.
The court considered the applicable factors under Rule 57.01(1) of the Rules of Civil Procedure, including the reasonableness of the amounts claimed and the principle of proportionality.
The court determined that the defendants were wholly successful in defending the action and were therefore entitled to recover their legal costs.
Costs were awarded on a lump-sum basis inclusive of fees, disbursements, and HST.