Vidit Deswal

The plaintiffs sought costs after successfully opposing the defendants' motion to extend the time to appeal a Small Claims Court decision.

The plaintiffs requested partial indemnity costs of $17,081.81, arguing the defendants engaged in a pattern of delay.

The defendants argued for no costs or partial indemnity costs, citing divided success on a cross-motion to strike affidavit evidence.

The court awarded the plaintiffs their requested partial indemnity costs of $17,081.81, finding the amount reasonable and in accordance with Rule 57 of the Rules of Civil Procedure.

The defendants moved for an extension of time to appeal a Deputy Judge's order dismissing their motion to set aside a default judgment.

The underlying dispute involved a residential real estate transaction where the plaintiffs alleged active concealment of defects.

The court denied the defendants' request to admit fresh evidence, finding it could have been adduced earlier and was irrelevant.

Applying the factors for extending time to appeal, the court found the defendants failed to demonstrate a bona fide intention to appeal within the prescribed period, provided an unsatisfactory explanation for their delay, and lacked a meritorious appeal.

The motion was dismissed.