The moving parties sought leave to appeal an order awarding substantial indemnity costs against them arising out of a contempt motion.
The Divisional Court dismissed the motion for leave to appeal.
The Court took the opportunity to provide guidance to the profession regarding costs on motions for leave to appeal under the newly amended Rules of Civil Procedure, stating that the normal expectation for costs on such motions will be in the range of $5,000.
The Court fixed the costs of this motion at $5,000 payable by the moving parties, noting that the voluminous materials filed were unnecessary for the narrow issue to be determined.