This is a costs endorsement following an 18-day jury trial that concluded as a judge-alone trial, where liability was resolved in favour of the defendants.
The defendants sought substantial indemnity costs, citing the plaintiffs' unfounded accusations of malice, dishonesty, and misfeasance, as well as counsel's prolix and repetitive trial conduct.
The plaintiffs argued for partial indemnity, alleging excessive lawyering, spoliation, and impecuniosity.
The court awarded substantial indemnity costs to the school board defendants, finding the plaintiffs' conduct warranted it, but reduced certain disbursements and capped the primary plaintiff's liability at $100,000.
The court affirmed that impecuniosity is generally not a sufficient reason to displace the rule that costs follow the event, especially for unmeritorious claims.
