This endorsement addresses the costs of a motion where the plaintiffs successfully obtained leave to amend their statement of claim to add an additional defendant, John Shaw, in an intellectual property litigation.
The defendants opposed the motion, arguing the claim against Shaw was statute-barred.
The court found the plaintiffs were entirely successful on the motion, as the primary relief sought (adding the defendant) was granted, and the preservation of a limitation period defence for the defendants did not constitute "divided success." The court awarded the plaintiffs partial indemnity costs, rejecting their request for substantial indemnity costs due to the absence of reprehensible conduct by the defendants.
The decision emphasizes that unsuccessful opposition to a motion does not, by itself, warrant elevated costs or deferral of costs.
