Following a trial in a commercial lease dispute where the plaintiffs' claims were dismissed and the defendant landlord's counterclaim was allowed, the court determined the issue of costs.
The defendant sought substantial indemnity costs based on the terms of the commercial lease.
The court found that the lease established a contractual entitlement to recovery of legal costs on a solicitor-client scale.
The court rejected the plaintiffs' arguments to limit costs to the Small Claims Court scale, noting the plaintiffs chose to commence a Superior Court action.
Costs were fixed at $65,000.00 on a substantial indemnity scale.
