Following dismissal of a motion brought by a defendant, the court addressed the costs of the motion.
The responding parties sought partial indemnity costs, including a substantial claim by certain defendants who had not delivered a costs outline at the hearing as required by Rule 57.01(6) of the Rules of Civil Procedure.
The court held that failure to provide a costs outline does not automatically bar recovery of costs because s.131(1) of the Courts of Justice Act preserves judicial discretion.
However, the absence of a timely costs outline and the excessive amount claimed justified a significant reduction.
The court fixed costs payable to one set of defendants at $4,000 and to the plaintiff at $2,500.
