The plaintiff was successful in resisting the defendants' motion to stay this proposed class action and sought costs on a partial indemnity basis.
The defendants argued the costs should be reduced by the amount spent cross-examining a lawyer from a parallel British Columbia action who intervened on their own initiative.
The court agreed, finding the defendants did not solicit the affidavit and should not bear the costs of the cross-examination, awarding the plaintiff $33,500 in costs.
