Sara Mahoney

Counsel for the defendant Paterson Group Inc. requested that its costs of the Damages Trial be reserved to be determined at the time of the Liability Trial.

The co-defendant Tega Homes Developments Inc., against whom the costs claim would be made due to a cross-claim, consented to the request.

The court granted the request and ordered that the determination of Paterson's costs of the Damages Trial be reserved to the Liability Trial.

This is a costs endorsement following a six-day trial where the defendants were entirely successful.

The court applied the usual rules for costs awards, including partial indemnity basis (60% of actual costs), proportionality, and recovery of disbursements.

The defendants claimed $131,126.00 plus HST and disbursements.

The plaintiffs argued for a maximum of $50,000.

The court awarded the defendants $65,000.00 plus HST and most disbursements, disallowing certain unexplained travel expenses.

Costs were made payable by the plaintiff Ben Kutner to the defendants within 30 days.