This was a costs endorsement following a motion concerning an injunction registered against property and the effect of a stay arising from a consumer proposal under the Bankruptcy and Insolvency Act.
Although the defendants were successful on the underlying motion, the court declined to award costs after considering the plaintiffs' lack of assistance, counsel's non-attendance at the hearing, and the assistance provided by defence counsel in addressing the issues.
Applying the court's discretionary costs principles under s. 131 of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, the court held that fairness and reasonableness required no costs order.
