Following a successful appeal by the defendants regarding a representation order, the parties sought a determination on the costs of the original motions before the motion judge, which had been reserved.
The motion judge had originally awarded $9,000 globally to the plaintiff for success on three motions.
The Divisional Court suggested an arbitrary reduction of the costs award to $6,000 to reflect the defendants' success on appeal regarding one of the motions, and referred the matter back to the motion judge if the parties could not agree.
