Following an earlier endorsement striking the plaintiffs’ statement of claim as statute‑barred under the Limitations Act, the court addressed the appropriate quantum of costs.
The defendant bank sought costs after successfully obtaining dismissal of the claim, which originally sought $6 million in damages.
The court considered the discretion under s.131(1) of the Courts of Justice Act and the factors in Rule 57.01 of the Rules of Civil Procedure, including proportionality, the complexity of the issues, and the conduct of the parties.
Although the plaintiffs had engaged in some procedural recalcitrance and prior costs had already been ordered against them, the court noted that the litigation ultimately narrowed to a single issue and involved limited complexity.
Costs of $16,000 inclusive of HST, plus disbursements of $1,084.24, were awarded to the defendant.
