The plaintiffs argued that the present case falls within the guidelines set out by Hutchinson J. in Jackson v. Trimac Industries Ltd., supra, and as a result warrants an award of costs on an indemnity basis. The plaintiffs state that regardless of the punitive damages awarded, the defendants in this case engaged in blatant misconduct which was undertaken to deliberately harm the plaintiffs. Further, the plaintiffs argued that the defendants’ conduct during the trial process was deceptive, and undertaken to delay, confuse, and hinder the presentation of the truth. This conduct, the plaintiffs claim, was detrimental to the plaintiffs and the administration of justice.
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