This endorsement addresses the issue of costs following a prior proceeding.
The court reviewed submissions and applied Rule 57.01, concluding that costs should be assessed on a substantial indemnity basis.
The plaintiffs' argument to reduce the defendant's costs due to a lack of a formal offer to settle was rejected, as the defendant had not yet received full document production (subject emails) at the time a settlement offer might have been made.
The court drew a negative inference from the plaintiffs' failure to produce their own bill of costs.
The defendant 2075750 Ontario Inc. was awarded partial indemnity costs for pleadings and productions, and substantial indemnity costs thereafter, totaling $135,221.65.
