Following the dismissal of the Defendant's motion to file reply expert evidence, the Plaintiffs sought a lump sum costs award of $7,500 payable forthwith.
The Court declined to award a lump sum because the Plaintiffs failed to provide a bill of costs or any evidence of actual costs incurred.
The Court also found it inappropriate to order costs payable forthwith as the original motion was not one that ought not to have been brought.
Costs were awarded to the Plaintiffs in any event of the cause to be taxed at the upper end of Column V of Tariff B.
