The defendants moved for costs of the action after the plaintiff's action was dismissed by the Registrar and the plaintiff's subsequent motion to set aside the dismissal was denied.
The plaintiff requested a further extension of time to make costs submissions, which the court denied as unreasonable and unduly delaying the matter.
The court awarded costs to the defendants fixed at $8,500 all-inclusive on a partial indemnity basis, noting the plaintiff should have accepted the defendants' earlier offer of a dismissal without costs.