Following the dismissal of the plaintiffs' solicitor negligence action for delay, the defendant Whyte was awarded costs on a partial indemnity basis.
The plaintiffs appealed the initial assessment officer's certificate, and the parties consented to have the court assess the costs de novo.
Applying the factors under Rule 58.06(1), the court reduced the time claimed for discoveries and trial preparation, ultimately assessing the costs at $23,438.50 and ordering the defendant to return the excess amount previously paid by the plaintiffs.
