Following the dismissal of a motion for summary judgment and the granting of a separate motion for security for costs, the court addressed only the costs of the summary judgment motion.
The defendants sought substantial indemnity costs, arguing that the plaintiffs' motion was unreasonable given the extensive evidentiary record and clear factual disputes.
The court found that although the motion was not brought in bad faith, experienced counsel ought to have known it had virtually no chance of success and that bringing it was unreasonable within the meaning of the Rules of Civil Procedure.
Substantial indemnity costs were therefore warranted, though the amount claimed was reduced as excessive.
The court ordered the plaintiffs jointly responsible for the costs award.
