Following the dismissal of the plaintiffs' action on a summary judgment motion, the successful defendant sought partial indemnity costs of $42,469.53.
The plaintiffs opposed the costs award, arguing that special circumstances justified denying costs to the defendant.
The court rejected the plaintiffs' arguments, finding no unreasonable conduct by the defendant.
The court reduced the claimed fees slightly due to some duplication of work and awarded the defendant $29,000 in fees, plus HST and $6,650 in disbursements, subject to clarification on a potential setoff claimed by the plaintiffs.
