The court significantly reduced the successful defendants' claimed costs for a straightforward written leave to appeal motion.
This supplementary endorsement addresses the costs of an unsuccessful motion for leave to appeal brought by the plaintiff.
The defendants, having been entirely successful, were presumptively entitled to costs on a partial indemnity basis.
The court found the amounts claimed by the defendants' counsel to be excessive for a straightforward leave to appeal motion heard in writing, particularly the time allocated for legal research and drafting.
The court significantly reduced the claimed costs, setting a cap for fees on such motions, and awarded specific amounts to each defendant group.
SCJSuperior Court of JusticeJan 19, 2017