The plaintiffs sought costs of their successful motion to amend their statement of claim.
The Whyte Defendants and Andrew Paiva opposed the motion and sought their own costs, arguing divided success.
The court, applying Rule 57.01 and s. 131 of the Courts of Justice Act, found that while there was divided success, the plaintiffs were entitled to some costs as they succeeded on the most significant spoliation allegations.
The court dismissed the defendants' claims for costs and fixed the plaintiffs' costs at $2,340.85, inclusive of HST and disbursements, payable in the cause.
