This costs endorsement addresses the plaintiff's request for costs thrown away following the adjournment of a trial due to the defendants' late disclosure of material documents.
The plaintiff sought full indemnity costs of $16,709.88.
The defendants argued for nominal costs.
The court determined that the defendants' failure to disclose warranted a sanction and awarded costs on a substantial indemnity basis, fixing the amount at $5,000.00, inclusive of disbursements and taxes, to be paid by the defendants to the plaintiff.
