The plaintiffs were successful on a motion to dismiss the claim against one of the defendants, after consenting to the dismissal of one plaintiff's claim without costs.
The plaintiffs sought costs of $8,561.40 on a partial indemnity basis.
The defendants argued for costs of $1,860.00 in the cause, noting that one of the two issues was resolved prior to the hearing.
The court considered the factors under Rule 57.01(1) and fixed costs payable to the plaintiffs at $3,300 inclusive of fees, HST, and disbursements, apportioning some preparation time to the resolved issue.
