Following a contested motion in a personal injury action, the successful plaintiffs sought partial indemnity costs totaling approximately $23,798.70.
The defendants argued costs should be limited to $4,000 and payable in the cause due to the ongoing dispute over liability.
The court held that Rule 57.03(1) of the Rules of Civil Procedure generally requires costs of a contested motion to be fixed and payable within 30 days unless a different order is more just.
Applying the reasonableness principles governing costs awards and considering duplication of counsel and the moderate complexity of the motion, the court reduced the claimed fees and limited recoverable disbursements.
Costs were fixed at $14,494.49 inclusive of fees, disbursements, and HST, payable within 30 days.
