Ronald Davis

The defendant sought substantial indemnity costs for the entire action after successfully moving to dismiss the proposed class action for delay.

The plaintiffs argued the costs claimed were excessive and that previous steps had already been addressed by prior costs rulings.

The court declined to award substantial indemnity costs, finding the plaintiffs' response to the motion did not warrant an elevated scale.

The court awarded the defendant partial indemnity costs for the delay motion and reimbursement for mediation disbursements, fixing costs at $125,000 all-inclusive.

The plaintiffs brought a motion to compel the production of financial records relating to mortgages held by the defendants in trust for the plaintiffs, alleging a fraudulent scheme to misappropriate funds.

The defendants argued that the documents should be produced in the ordinary course of litigation.

The court held that beneficiaries of a trust have a proprietary right to records relevant to an accounting for the trust property, separate from the ordinary rules of discovery, and ordered the defendants to produce the requested documents or confirm their non-existence.