This was a Costs Decision following a successful Application by the Defendants to Strike Affidavits and portions of Affidavits filed by the Plaintiff.

Guided by the factors set out under Rule 10.33, Horner J. held that: the Defendants were wholly successful; the result of the Application would streamline forthcoming proceedings; pre-hearing discussions between counsel led to the hearing of the Application being straightforward; and that the Plaintiff’s concessions shortened the hearing, but not in a meaningful way.

In light of those findings, as well as the high-value of the claim and the complexity of the issues, the Court awarded Costs according to Schedule C of the Rules at a three-time multiplier.