Following the dismissal of an application seeking to enforce a purported settlement agreement, the court determined the appropriate costs award.
The moving parties argued for no costs or a significantly reduced amount, asserting the motion was brought based on a reasonable belief that an open settlement offer existed.
The responding parties sought partial indemnity costs based on their substantial success and the principles governing costs under Rule 57 of the Rules of Civil Procedure and s.131 of the Courts of Justice Act.
The court held that costs should follow the event but reduced the amount claimed due to duplication arising from multiple counsel.
Costs were fixed at $8,000 payable to the respondents.
