Todd Robinson

The defendants brought a motion to compel the plaintiffs to attend examination for discovery, and the plaintiffs brought a cross-motion to compel answers to undertakings.

The substantive issues were resolved by agreement, leaving only the issue of costs.

The court found that both parties' litigation approach was disproportionate to the issues in dispute, especially given the simplified procedure action.

Despite settlement offers, the parties could not agree on a minor costs amount.

The court, exercising its discretion under the Courts of Justice Act and Rules of Civil Procedure, ordered that each party bear their own costs for these motions.