Case Background: Hanna Homes Construction Inc. filed a lien against Kyrollos Maseh and Marina Tanious under Ontario's Construction Act. Defendants moved to dismiss the lien, arguing Hanna Homes failed to comply with a prior court order mandating certain disclosures.

Prior Order: The previous court order required Hanna Homes to provide answers to undertakings from cross-examinations within 45 days and to cover costs within 30 days. The plaintiff missed these deadlines, leading the defendants to seek dismissal or compliance enforcement.

Motion Outcome: Before the hearing, Hanna Homes provided the required answers and paid costs, leading both parties to resolve substantive motion issues outside court. However, they disagreed on whether defendants should recover legal costs for the motion.

Cost Dispute:

• Defendants requested $29,825.60 in costs, which Hanna Homes contested as excessive.
• Justice Robinson noted that costs should not be awarded if they stem from routine litigation rather than specific motion expenses.
• Key arguments referenced cases like Muskala v. Sitarski, emphasizing that costs in settled cases may not be recoverable unless court involvement is necessary.

Ruling: Justice Robinson awarded no motion costs to the defendants but allowed them to pursue these as part of general litigation costs if better itemized in the future.

Final Order: No costs awarded for this motion, without prejudice to future cost claims as clarified.