The plaintiffs were completely successful on a motion for leave to amend their Statement of Claim.
Both parties sought costs of the motion.
The defendant argued that the plaintiffs received an indulgence and should not be awarded costs, or should pay the defendant's costs.
The court found that while the amendment was an indulgence, the defendant raised multiple meritless arguments that unnecessarily lengthened the proceeding.
The court awarded costs to the plaintiffs fixed at $7,000.
