J. Baichoo

The plaintiffs brought a motion for leave to amend their statement of claim to reduce damages, remove causes of action, and add particulars, as well as to discontinue the action against one defendant.

The defendants did not oppose the amendments or discontinuance but sought costs thrown away and the continuation of a crossclaim.

The court granted the plaintiffs leave to amend and discontinue, ordered the continuation of the crossclaim, and awarded the defendants $2,200 in costs thrown away plus $5,000 for the costs of the motion.

Following the dismissal of Unimac's motion seeking the recusal of the Master on grounds of racial bias, the responding parties sought costs.

Unimac argued costs should be deferred to the Divisional Court pending judicial review.

The Master determined it was appropriate to fix costs immediately.

Finding that Unimac's motion was an abuse of process, involved scurrilous and unsubstantiated attacks on the integrity of the judicial officer, caused unnecessary delay, and that Unimac failed to accept a reasonable offer to settle, the Master awarded costs on a substantial indemnity scale.

Unimac was ordered to pay $52,810.37 to the Lead Respondents and $6,728.30 to St. Clare's.