Following the dismissal of the defendants’ motion and the granting of certain relief to the plaintiff, the court addressed the issue of costs.
The plaintiff sought costs on a substantial indemnity basis for legal fees and disbursements incurred on the motion.
The court deducted time attributable to related Court of Appeal proceedings but otherwise accepted the majority of the hours claimed.
The court awarded substantial indemnity costs, finding the total amount proportionate to the significant sums at stake in the litigation.
A request by defence counsel for an additional ruling concerning mortgage accounts was refused as the issue had not been before the court on the motion.