Is there anything in which the defence of this action was conducted which should attract substantial indemnity costs?

I am also not persuaded that there is anything in the manner in which the defence of this action was conducted which should attract substantial indemnity costs. Civil litigation is an inherently adversarial process. It is not surprising that from time to time counsel will disagree as to the appropriateness of the manner in which their opponents are conducting the process. However, as stated by McLaughlin J. in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, at paragraph 251, “solicitor-client costs are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.” Even if there were merit to the plaintiffs’ complaints, the transgressions could not be characterized as “reprehensible, scandalous or outrageous”.