The appellants brought a motion in writing to amend a previous decision of the Divisional Court, which had allowed their appeal but did not award costs of the underlying action due to a misunderstanding that they were not sought.
As no order had yet been issued or entered, the court remained seized under Rule 59.06(2)(d) of the Rules of Civil Procedure.
The court granted the motion, finding that the appellants were entitled to costs of the action based on their successful appeal, and awarded $25,000 in costs.
