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Motion for leave to appeal decision and costs endorsement dismissed with costs.
The moving parties sought leave to appeal a decision and costs endorsement of the lower court.
The Divisional Court dismissed the motion for leave to appeal.
Costs of $5,000 for the leave to appeal the costs award and $5,000 for the leave to appeal the judgment were awarded to the responding parties.
The court awarded $35,000 in substantial indemnity costs against the plaintiffs for unreasonably bringing a summary judgment motion in a Simplified Procedure action.
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.
