The plaintiffs' action for negligence and breach of contract regarding a roofing installation was administratively dismissed for delay under Rule 48.14.
The defendant brought a motion for costs, including a substantial disbursement for an engineering expert.
The plaintiffs argued the court lacked jurisdiction to award costs following an administrative dismissal.
The court held that it retains jurisdiction under section 131 of the Courts of Justice Act to award costs after a Rule 48.14 dismissal.
The court awarded the defendant costs on a partial indemnity basis, finding the large expert disbursement proportionate given the plaintiffs had claimed $500,000 in damages.
