Karine Bédard

Following a 71-day trial where the plaintiffs were awarded nearly $10 million in damages, the plaintiffs sought costs of approximately $8.5 million on a substantial indemnity basis or $5.3 million on a partial indemnity basis.

The defendants argued that substantial indemnity costs were unwarranted and that the partial indemnity claim included costs for interlocutory matters already decided.

The court found no reprehensible conduct by the defendants to justify an elevated scale of costs.

Applying the partial indemnity scale and deducting amounts attributable to prior interlocutory motions, the court fixed the plaintiffs' costs at $4,900,000 all-inclusive.