Following a series of motions related to an upcoming Divisional Court application, the successful plaintiffs and intervenor sought costs.
The plaintiffs sought costs on a substantial indemnity basis and requested they be payable personally by the opposing party's solicitor due to alleged misguided and improper conduct.
The court awarded costs on a partial indemnity scale to both the intervenor and the plaintiffs, payable by the opposing party, finding insufficient evidence to order costs personally against the solicitor at this stage.