This is a costs endorsement following the dismissal of a summary judgment motion brought by the plaintiffs in a Simplified Procedure action.
The defendants sought costs on a substantial indemnity basis in the amount of $82,805, or alternatively on a partial indemnity basis of $53,826.
The plaintiffs opposed the costs award and argued the defendants' counsel engaged in unethical conduct.
The court found the plaintiffs acted unreasonably in bringing the motion given numerous factual disputes and the limitations of the Simplified Procedure rule.
However, the court reduced the costs award to $35,000 on a substantial indemnity basis, finding the requested amounts were disproportionate to the claim value and inconsistent with Simplified Procedure principles.
