Following an unsuccessful motion for summary judgment by the moving defendants, the successful plaintiffs and co-defendants sought their costs.
The court awarded costs on a partial indemnity scale, finding the motion was neither frivolous nor vexatious but was exceedingly complex.
The court excluded the plaintiffs' disbursements for expert reports, determining that those reports were necessary for trial in any event and should be assessed by the trial judge.
Total costs of $16,234.68 were awarded to the plaintiffs and $8,243.83 to the co-defendants.
