This endorsement addresses the costs of a successful motion by the plaintiffs to add new defendants and amend their Statement of Claim.
The plaintiffs sought substantial indemnity costs, arguing the motion was unnecessarily complicated by the responding parties.
The court found the plaintiffs were entitled to costs but not on a substantial indemnity basis, as there was no reprehensible conduct by the opposing parties.
The court fixed the plaintiffs' costs at $25,000, inclusive of disbursements and HST, payable jointly and severally by the responding parties within 30 days, rejecting the suggestion to reserve costs to the trial judge.
