The plaintiffs moved for summary judgment to enforce two promissory notes issued in 2007 and 2008.
The defendants ultimately advised shortly before the hearing that they would not oppose the motion, despite failing to comply with an earlier court-ordered timetable for responding materials and failing to communicate their position until the last moment.
The court held that this conduct was unreasonable and amounted to reprehensible litigation behaviour within the meaning of Rule 20.06 of the Rules of Civil Procedure.
Summary judgment was granted and the court awarded costs to the plaintiffs on a substantial indemnity basis.
The defendants’ late communication and failure to follow procedural directions justified elevated costs as a sanction.
