The Attorney General of Ontario (AGO) sought costs of $3,500 after successfully obtaining a forfeiture order for $32,125 CAD.
The interested party, James Wright, opposed the costs, arguing that the forfeiture was a sufficient windfall for the AGO and that his limited means should preclude a costs award.
The court, applying Rule 57.01(1) of the Rules of Civil Procedure and s. 131(1) of the Courts of Justice Act, found that while impecuniosity is a factor, it does not automatically relieve a party of costs, especially given the modest amount sought and the AGO's prior offer to settle.
The court awarded the AGO $3,500 in costs.