This costs endorsement follows a successful Rule 21 motion brought by the Gordin Family Members (defendants by counterclaim) to dismiss the counterclaim against them.
The court awarded partial indemnity costs of $15,000 plus HST to the Gordin Family Members.
The court declined to award substantial indemnity costs, finding that while fraud was alleged, the conduct did not rise to the level of reprehensible behavior warranting a higher scale, especially as the allegations had not progressed beyond the pleadings stage.
The court considered the Gordin Family Members' near-total success on the motion, their Rule 49 offer, and concerns regarding potential duplication of counsel efforts in determining a fair and reasonable amount.
