Following dismissal of a motion to set aside a registrar’s order dismissing an action for delay under Rule 37.14 of the Rules of Civil Procedure, the court addressed costs of the motion.
The successful defendants sought substantial costs, with one defendant relying on an offer to settle to justify substantial indemnity costs.
The court reviewed the applicable principles under s. 131(1) of the Courts of Justice Act and Rules 57.01 and 57.03, emphasizing proportionality and reasonableness.
While accepting the reasonableness of one defendant’s costs outline, the court found another defendant’s claimed hours excessive.
Taking into account the offer to settle and overall fairness, the court fixed equal costs awards payable by the plaintiffs to each successful defendant.