Following the dismissal of the plaintiffs' medical malpractice action on a summary judgment motion due to the expiry of the limitation period, the successful defendant sought costs of $117,413.06.
The plaintiffs did not dispute the presumptive entitlement to costs but argued for a reduction.
The court found the claimed 388 hours of lawyer time excessive, noting the action did not advance to trial preparation and the limitation issue was not novel.
Exercising its discretion under section 131 of the Courts of Justice Act, the court reduced the fees to ensure proportionality, fixing the total costs payable by the plaintiffs at $72,375.25 inclusive of disbursements and HST.
