This ruling addresses the issue of costs following a decision granting a permanent injunction to Foxgate Developments Inc. and confirming an interlocutory injunction for The Corporation of Haldimand County.
The successful parties, Foxgate and Haldimand, sought costs from the defendant, Skyler Williams.
Williams argued that the litigation was in the public interest, warranting an exemption from costs, or that costs should be deferred or referred to an assessment officer.
The court dismissed Williams' arguments, finding that the case did not meet the high threshold for public interest litigation.
The court awarded partial indemnity costs to Foxgate ($60,000) and Haldimand ($13,000), to be paid forthwith by Skyler Williams, determining that his conduct did not warrant solicitor-client or full indemnity costs.
