Following a successful application involving a claim for adverse possession, the court determined the appropriate quantum of costs payable by the respondent.
Although the applicant was entitled to costs, the court found the bill of costs claimed on a partial indemnity basis to be excessive.
The court noted that much of the legal work predated the applicant’s property ownership and would have been incurred regardless of opposition, and that the respondent—who was self‑represented—acted reasonably and did not materially increase the applicant’s costs.
The court also criticized the involvement of numerous legal staff and duplication of work.
Costs were fixed at $10,000 all inclusive.
