Following a successful certification motion in a proposed class proceeding brought by former employees against corporate and individual defendants, the plaintiffs sought partial indemnity costs of approximately $64,000.
The defendants argued that no costs should be awarded due to their partial success on a Rule 21 motion and their role in narrowing the plaintiffs’ claims.
The court held that while the plaintiffs achieved overall success on certification, their success was limited because several causes of action were dismissed and the scope of the claims was reduced.
Exercising its discretion under the Class Proceedings Act, 1992, the court reduced the requested partial indemnity costs and awarded a global amount.
Costs of $50,000 inclusive were ordered payable forthwith to reflect the plaintiffs’ overall success.