The proposed defendant, having successfully defended a motion by the plaintiffs to add him as a party after the limitation period expired, sought substantial indemnity costs of $9,910.28.
The plaintiffs argued for nominal costs.
The court awarded costs on a partial indemnity scale in the amount of $6,082.64, finding the proceeding was not complex but of significant importance to the proposed defendant.
The court declined to order costs jointly and severally against the plaintiffs' principal, as no evidence was presented to justify such an exceptional order.
