Following a successful application regarding the ownership of a parkette, the successful municipality sought costs on a partial indemnity basis.
The respondent developers argued that no costs should be awarded as the matter involved public interest and was litigated in good faith.
The court rejected the public interest argument, finding the developers were seeking a private windfall.
Applying the factors under Rule 57.01, including the complexity of the case and the developers' vexatious conduct during discovery, the court awarded the municipality $210,000 in costs.
