The court determined costs following a summary judgment in favour of a defendant.
The successful defendant sought substantial indemnity costs, while the plaintiffs argued for a lower partial indemnity award.
The court found that while some aspects of the plaintiffs' position had no chance of success, their argument regarding the nature of the retainer required judicial interpretation and was not unreasonable.
Consequently, costs were awarded on a partial indemnity scale to the successful defendant, payable by the plaintiffs, in the amount of $25,200.16 inclusive of HST and disbursements.
