This endorsement addresses costs arising from an adjourned motion brought by the defendants for additional defence medical examinations.
The court found that the defendants brought the motion late in the action, close to the deadline for expert reports and the pre-trial conference, leading to procedural issues and the adjournment of the motion.
Consequently, the plaintiffs incurred costs thrown away for two hearing dates.
The court exercised its discretion under the Courts of Justice Act to fix costs in favour of the plaintiffs, declining substantial indemnity but awarding partial indemnity due to the defendants' conduct.
