Following the dismissal of two civil actions against a bank, the court determined the issue of costs.
The plaintiffs had commenced proceedings seeking damages and banking records relating to a decades‑old workers’ compensation payment.
The defendant bank had successfully moved to dismiss the actions for failing to disclose a reasonable cause of action.
The court held that the defendant was the successful party and entitled to costs, rejecting the plaintiffs’ argument that the bank had forced the litigation by failing to advise them of alternative procedural mechanisms to obtain records.
Costs were awarded on a partial indemnity basis and reduced for proportionality due to overlap between the two proceedings.
