The defendants brought a motion for various relief, including amending their pleadings and removing a certificate of pending litigation, while the plaintiffs brought a cross-motion to strike the defence and counterclaim.
The plaintiffs were largely successful in opposing the defendants' motion.
The plaintiffs sought full indemnity costs of $11,534.35, while the defendants argued costs should be deferred to a future motion.
The court declined to defer costs, finding the defendants' motion largely unnecessary.
The court rejected the plaintiffs' request for substantial indemnity costs and fixed costs at $3,500 plus HST, payable by the defendants within 90 days.
