The third parties brought a motion to dismiss the defendants' third party claim based on an indemnity contract, which was unsuccessful.
The defendants sought costs of $41,041.95, which included an $18,666.50 disbursement for an expert report.
The court found that the expert report played no role in the narrow motion argued and deferred its costs to the trial judge.
Applying the factors under Rule 57.01, the court fixed the defendants' costs for the motion at $15,000 inclusive of disbursements and HST, payable by the third parties.
