J.W. Sloan J.

Following a motion where the moving party successfully sought to withdraw admissions involving approximately $14,000,000, the court determined the issue of costs.

The court found that the responding parties took a tactical and precarious position in opposing the motion, as the granting of leave was foreseeable absent any evidence of prejudice.

Costs were awarded to the moving party fixed at $15,000.

The respondent was successful on a half-day motion brought by the applicants to remove her solicitors and add a defendant.

She sought costs on a substantial indemnity basis of $81,193.45, or alternatively on a partial indemnity basis of $61,637.67.

The court found that substantial indemnity costs were not warranted and that the requested amounts were disproportionate.

Costs were fixed and awarded to the respondent in the total amount of $42,520.33.