The defendants brought a motion for a further affidavit of documents and disclosure from a non-party insurer regarding an accident benefits settlement.
After the substantive issues were resolved, both parties sought costs on a substantial indemnity basis.
The defendants alleged the plaintiffs misrepresented the settlement to deprive them of collateral benefit deductions.
The court declined to award costs to either party, finding that the alleged misrepresentation was pleaded in the amended statement of defence and should be determined by the trial judge.
The costs of the motion were reserved to the trial judge.
