Solly Lewis & Hersl Kalif v. Cantertrot Developments Ltd. & Norman Hill Realty Inc., Part 3

The plaintiffs were ultimately successful in obtaining certification pursuant to the CPA and, in my judgment, they are entitled to an award of costs. The defendants did not challenge the appropriateness of such an order in principle, but submitted that the costs should be made payable to the plaintiffs in the cause and that the quantum should be dealt with after judgment in the action, or, if fixed now, should be open to a possible reduction at that time. In support of these submissions, defendants’ counsel relied on subsection 20 (2) of the Solicitors Act and the provisions of the contingency fee agreement between the plaintiffs and their counsel.