Following the granting of a summary judgment motion in favour of the defendants in a medical negligence action, the court considered the defendants’ request for costs against the remaining plaintiffs.
The defendants sought modest costs despite incurring substantially higher legal fees and disbursements, largely related to expert reports.
The plaintiffs made no submissions on the costs issue despite having the opportunity to do so.
The court found the defendants’ request reasonable, particularly given conduct by the responding party that had unnecessarily prolonged the proceedings.
Costs of $5,000 were awarded to each of the two defendants seeking costs.
