This endorsement addresses the costs arising from the respondents' unsuccessful motion to dismiss an application.
The applicant sought substantial indemnity costs, citing delays caused by the respondents.
The court declined to award substantial indemnity, finding the conduct did not meet the threshold for reprehensible behavior.
Instead, the court fixed partial indemnity costs at $3,000, inclusive, payable by the respondents to the applicant, including costs for a necessary case conference.