ONSC 3273 (S.C.J.)], the defendants, Ishver and Sumitra Lad, as
the successful parties are entitled to costs. The court dismissed
the plaintiff, Marcos Limited Building Design Consultants’
(“Marcos”) claim, ordered the lien to be removed from title
and awarded $65,112.86 in damages to the defendants on their
 The written submissions on costs, received and reviewed,
give rise to the following issues:
(1) whether costs be awarded as partial, substantial or full-
(2) proportionality in the quantum of costs; and
(3) non-party liability for costs, namely, (a) personally as against
Manuel Marcos (“Manny”); and (b) personally as against
Jose Marcos (“Joe”).
 The defendants (the “Lads”) seek full-indemnity costs of
$578,793.29, inclusive of time, disbursements and HST. Should
the court not find an entitlement to full indemnity throughout,
their alternative claims are $521,809.74 as substantial indemnity
throughout, or $504,421.83 as partial indemnity to August 5,
2016, and substantial indemnity thereafter. These amounts do
not include time and disbursements associated with motions.
They ask that the costs award be joint and several against the
plaintiff, Manny and Joe Marcos.
 This is a lien action which was commenced on January 25,
2011, claiming $523,068.52, after a lien for the same amount was
registered by the plaintiff against title to the Lads’ custom house
it built in Caledon. The Lads counterclaimed for $65,612.86 in
damages to repair Marcos’ deficient work.
 The Lads made three offers to settle: on August 5,2016 to
settle the claim and counterclaim by having no payments by
either party; on January 3, 2017 for $50,000 plus reasonable partial indemnity costs paid by the Lads; and on April 25, 2017 for
$140,000 plus interests and costs to be determined by the court.
Clearly all three offers were more favourable to the plaintiff than
 The plaintiff’s one formal offer to settle dated July 20, 2011
was for $420,000 plus interest and costs payable by the defendants, with an informal offer to settle for the all-inclusive sum of
$415,000, provided that payment was made within three months
of the offer.
 The defendants submit costs should be full indemnity. They
rely on authorities which have made such orders in circumstances