Following the dismissal of a motion seeking to add two former solicitors as defendants in a professional negligence action, the non-party solicitors sought costs.
The court confirmed that the solicitors had successfully resisted the motion and were entitled to costs on a partial indemnity basis.
In assessing costs under Rule 57, the court considered the importance of the issues, the significant damages claimed, extensive cross‑examinations, documentary record, and preparation required due to late abandonment of certain claims.
A moderate downward adjustment was applied to the hours claimed.
The court fixed reasonable costs payable by the plaintiffs to each solicitor.
