The plaintiffs brought a motion for leave to amend their statement of claim to reduce damages, remove causes of action, and add particulars, as well as to discontinue the action against one defendant.
The defendants did not oppose the amendments or discontinuance but sought costs thrown away and the continuation of a crossclaim.
The court granted the plaintiffs leave to amend and discontinue, ordered the continuation of the crossclaim, and awarded the defendants $2,200 in costs thrown away plus $5,000 for the costs of the motion.
