Following dismissal of a Rule 21 motion to strike the statement of claim for failure to disclose a reasonable cause of action, the successful plaintiffs sought partial indemnity costs.
The responding party argued the requested amount was excessive given the straightforward nature of the pleadings motion, overlapping work among multiple lawyers and students, and hourly rates exceeding recommended partial indemnity guidelines.
The court accepted that the motion was significant and involved novel legal issues but found the plaintiffs had spent excessive time and improperly included hours related to amending the claim.
Applying principles of fairness and reasonableness in fixing costs, the court reduced the requested amount.
A lump sum costs award was granted to the successful plaintiffs.
