The court determined costs following a motion concerning whether a proceeding could continue as a representative action under Rule 12.08 of the Rules of Civil Procedure.
Success on the underlying motion was divided: the moving party succeeded on the central issue that the action could proceed as a representative proceeding meeting the test analogous to certification under the Class Proceedings Act, but the responding parties succeeded on issues including that only individual union members, not the union itself, could act as representative plaintiffs and that particulars were required for a negligent misrepresentation claim.
Applying the factors in Rule 57, including relative success, complexity, and conduct of the parties, the court concluded that the moving party was overall more successful.
The court awarded reduced partial indemnity costs reflecting divided success and certain pleading deficiencies.
