Background:

• Previous Ruling (April 2, 2024, 2024 ONSC 1940):
  • Defendants' motions for relief related to an interim injunction (granted in March 2019) mostly dismissed.
  • Plaintiff’s motion for an interlocutory injunction granted.
  • Costs submissions requested from both parties as they couldn't agree on costs.

Positions of the Parties:

• Primont's Position:
  • Sought substantial indemnity costs for Defendants’ motions due to delay and unproven fraud allegations.
  • Requested partial indemnity costs for their interlocutory injunction motion.
  • Total costs sought: $258,030.18, jointly and severally payable by Defendants.
• Maplequest's Position:
  • Argued for reduced partial indemnity costs due to divided success.
  • Suggested a 33% reduction, proposing $100,000.00 in costs, jointly and severally payable.
• 2373480 Ontario Inc.'s Position:
  • Argued for partial indemnity costs, deeming Primont's claim excessive.
  • Suggested $100,000.00 in costs, jointly and severally payable.
  • Claimed Primont over-lawyered the case and inflated costs.

Court's Analysis and Decision:

• Scale of Costs:
  • Substantial indemnity costs were not justified as allegations of fraud were not determined on merits.
  • Partial indemnity deemed appropriate as Defendants' conduct was not egregious.
• Reduction for Mixed Success:
  • Recognized Primont’s lack of success on the abuse of process argument.
  • Partial success warrants cost reduction, though not as high as 33%.
• Quantum of Costs:
  • Considered duplication of work among multiple lawyers for Primont.
  • Applied a reduction to account for inefficiencies and duplication.
  • Determined that reasonable costs should be $140,000.00.

Conclusion:

• Defendants are ordered to pay $140,000.00 in costs to Primont, jointly and severally, within 30 days.