Following a civil trial where the plaintiffs succeeded in obtaining judgment for a loan debt, the court addressed the issue of costs.
The defendant sought approximately $35,000 in costs, arguing that the plaintiffs’ litigation conduct unnecessarily prolonged and complicated the proceeding.
The court found that the plaintiffs had engaged in inappropriate conduct, including threatening correspondence, attempts to undermine the defendant’s professional reputation, and late disclosure of documents.
Although the plaintiffs were successful on the merits, the court held that their conduct justified a significant departure from the usual rule that costs follow the event.
Partial indemnity costs of $17,000 were awarded to the defendant and ordered to be set off against the plaintiffs’ judgment.
