This costs endorsement followed a decision to strike a third-party claim brought by the defendants against the plaintiff's lawyers.
The court found that the third-party claim, alleging breach of settlement privilege, did not plead a reasonable cause of action, as settlement privilege is a rule of evidence, not a basis for a lawsuit.
The court characterized the claim as an abuse of process and reprehensible litigation conduct.
Consequently, the third parties (plaintiff's lawyers) were awarded substantial indemnity costs, fixed at $23,500, as the court deemed the amount fair, reasonable, and proportional given the circumstances and the defendants' persistence in an improper claim.
