Following the dismissal of the plaintiffs' personal injury action on summary judgment, the court determined the costs payable.
The defendants sought costs from the plaintiffs and argued the plaintiffs should also be liable for the costs of the third parties, whom the defendants had joined.
The court applied the general rule that an unsuccessful plaintiff is not responsible for the costs of third parties they did not sue, finding no exceptional circumstances to depart from this rule.
The plaintiffs were ordered to pay the defendants $44,000 in partial indemnity costs, while the defendants were ordered to pay the full costs claimed by the various third parties, totaling over $133,000.
