The successful plaintiffs sought costs following a motion in civil litigation.
The court considered the relevant factors under Rule 57 of the Rules of Civil Procedure, including success on the motion, proportionality, complexity of the issues, and the conduct of the parties.
The defendants argued that costs should not be awarded due to alleged deficiencies in disclosure discovered during examinations for discovery.
The court declined to address the disclosure dispute at this stage and left any potential consequences to the trial judge.
Finding the plaintiffs completely successful and the claimed partial indemnity costs reasonable, the court ordered the defendants to pay costs in the amount of $9,500 inclusive of HST.
