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The court awarded the plaintiff $5,000 in substantial indemnity costs thrown away due to the defendants' late document disclosure.
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.
