K. Rosenberg

Following the dismissal of the defendants' application for leave to appeal, the court determined the quantum of costs.

The plaintiffs sought $13,257.73, while the defendants argued for $2,500.00.

The court found the plaintiffs' claimed costs excessive, noting that the participation of two counsel was unnecessary.

Costs were fixed at $5,000 on a partial indemnity basis.

The Gold defendants sought leave to appeal a case management judge's order that refused to permit them to file a factum, make arguments in support of their co-defendants' motion for summary judgment, or bring their own summary judgment motion.

The case management judge had found that the Gold defendants deliberately breached a timetable they had devised, engaging in delaying tactics.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no reason to doubt the correctness of the case management judge's exercise of discretion under the Rules of Civil Procedure to protect the integrity of the case management process.