The plaintiffs were successful on a motion for leave to amend their Statement of Claim to add their automobile insurer as a defendant.
The plaintiffs sought costs of the motion on a partial indemnity scale, while the insurer argued no costs should be awarded.
The court found no reason to depart from the general rule that costs follow the event, noting the insurer's opposition unnecessarily added to the costs of the proceedings.
The court awarded the plaintiffs costs fixed at $6,500, reducing the requested amount to reflect divided success on some issues and procedural delays caused by the plaintiffs.
