Following a complex motion involving amendments to a statement of claim and issues relating to government funding of a transportation consortium’s defence, the court addressed costs among multiple parties.
The moving plaintiffs were successful in obtaining leave to amend their claim and to add the provincial government as a defendant, but were unsuccessful in obtaining litigation funding from the government.
The court applied the principles under Rule 57.01 of the Rules of Civil Procedure, emphasizing that costs must be fair and reasonable rather than reflective of actual legal fees incurred.
Costs of $150,000 were awarded to the plaintiffs payable by the Crown for the successful amendment issues, while the Crown was awarded $61,950 payable by the plaintiffs for the unsuccessful funding request.
The issue of the defendant consortium’s costs relating to funding was deferred to the trial judge or a future judicial review.
