Following the dismissal of the plaintiff's motion for an interlocutory injunction, the parties made written submissions on costs.
The defendants sought substantial indemnity costs of $99,920.93 based on offers to settle, while the plaintiff argued for partial indemnity costs of $15,000 plus disbursements.
The court found no justification for substantial indemnity costs as the offers to settle encompassed the entire action, not just the motion.
After adjusting hourly rates and reducing time spent on the general defence of the action, the court awarded the successful defendants partial indemnity costs fixed at $44,000 all-inclusive.
