Following the dismissal of the defendants' motion for leave to appeal, the parties made written submissions on costs.
The plaintiff sought partial indemnity costs of $11,853.89, while the defendants argued the amount should not exceed $5,000 based on average awards for similar written motions.
The court found the motion for leave involved complex constitutional issues, justifying a higher award than typical leave applications.
The court awarded the plaintiff costs fixed at $8,000 inclusive of HST and disbursements.
