Following the dismissal of the plaintiffs' action after a 26-day trial, the successful defendant sought costs on a substantial indemnity basis.
The plaintiffs argued the defendant should be deprived of costs because two of its witnesses gave untruthful evidence.
The court declined to award substantial indemnity costs, finding the plaintiffs' conduct was not egregious.
The court also refused to completely deprive the defendant of costs, but applied a 10% reduction to the fee award to sanction the untruthful testimony.
The court significantly reduced the defendant's claimed expert witness disbursements, finding them grossly excessive, and fixed total fees at $483,300 plus disbursements and HST.
