The defendants sought costs following the abandonment of the plaintiffs’ motion for an interim interlocutory injunction.
The court found the motion had in fact been abandoned rather than merely adjourned and that the defendants were entitled to costs.
In assessing quantum, the court considered the factors under Rule 57.01 of the Rules of Civil Procedure and the plaintiffs’ undertaking in their Notice of Motion to indemnify the defendants for costs and damages.
Although the matter was complex and significant to the parties, the court found the hours claimed by defence counsel excessive and reduced the amount claimed.
Fixed costs of $40,000 were awarded to the defendants.
