Following earlier reasons ordering the court-supervised sale of several properties after a hybrid trial, the court addressed costs.
The applicants sought partial indemnity costs against various respondents across two related applications.
The court found the applicants had substantially succeeded but determined that the record did not allow proper allocation of costs between the two proceedings.
Accordingly, the court referred the costs of both applications to an assessment officer under Rule 57.01(3.1) of the Rules of Civil Procedure, with directions regarding which respondents could be liable and limiting recovery to litigation-related expenses.