This decision addresses costs following an unsuccessful motion by Tega Homes Developments Inc. to strike amended defences to cross-claims filed by Goodeve Manhire and Paterson Group.
The court had previously permitted the amendments, finding no unfair prejudice.
Tega sought costs for the motion and for "thrown away" trial preparation, alleging delay and an attempt to relitigate insurance coverage.
The court rejected Tega's arguments, noting the amendments were made in accordance with case management directions and that Tega was unsuccessful in resisting them.
Insufficient evidence was presented to demonstrate wasted trial preparation directly attributable to the pleading amendments.
Consequently, the responding parties, Goodeve Manhire and Paterson Group, were awarded costs on a partial indemnity scale, fixed at $12,600.00 and $5,400.00 respectively, payable by Tega Homes Developments Inc.