The Attorney General of Canada was completely successful on a motion to stay the plaintiffs' claim and sought costs.
The court found the Attorney General's claimed costs excessive as the matter was not complex and the case law was overwhelmingly in its favour.
Costs were fixed at $8,000 on a partial indemnity basis, payable in any event of the cause rather than forthwith, due to the pending decision on whether the action is barred by section 9 of the Crown Liability and Proceedings Act.
The individual defendants who supported the motion were denied costs as they contributed little to the debate.
