Considerations On Costs: Boal V. International Capital Management Inc.

In Boal v. International Capital Management Inc., the representative plaintiff had brought a proposed class action on behalf of 170 investors holding unsecured promissory notes. 

During the course of litigation, the representative plaintiff had obtained a Norwich Order, a Mareva injunction, and a certificate of pending litigation over a property.

One year later, three of the co-defendants moved for an order discharging the certificate of pending litigation, made a claim for damages, and claimed cost's nearing $75,000.

The discharge was granted but the issue of damages, if any, from the registration of the certificate of pending litigation was deferred to trial.  Further, costs were not initially considered. Instead, Justice Perell left it up to the parties to settle. When the parties failed to do so, written submissions were made.