This costs endorsement followed a successful application by the Respondent concerning the interpretation of a settlement agreement, entitling the Respondent to a $100,000 holdback.
The Respondent sought partial indemnity costs of $24,050.52.
The Applicants, despite being unsuccessful, sought $7,000.00 in costs, alleging unnecessary steps by the Respondent.
The court, applying Rule 57.01 and s. 131(1) of the Courts of Justice Act, awarded the Respondent $12,000.00 in fees plus disbursements.
The judge noted that the time and effort expended by both sides was disproportionate to the amount in issue and that both parties adopted a "scorched earth" attitude by raising extraneous issues.