I turn next to the costs claimed for defendants’ counsel on a partial indemnity basis. I note first that the hours claimed are almost the same as the hours expended by plaintiff’s counsel on this costs matter. I am of the view that it was reasonable for the defendants to bring this motion and that time had to be expended by counsel to prepare the affidavit material filed in support of the defendants’ motion for costs, including the review and revision of the defendants’ dockets, and in assembling the relevant case law. I have also taken into account, however, that the Fong v. Chan principles are quite clear and that the outcome that I have ordered should have been within the parties’ reasonable contemplation.
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