A. Mannell

The plaintiff was successful on a summary judgment motion brought by the defendant and sought costs on a substantial indemnity scale.

The defendant argued that the parties should bear their own costs due to the plaintiff's conduct, or alternatively, that costs should be reduced.

The court rejected the defendant's arguments regarding the plaintiff's conduct and the use of Toronto counsel, but also declined to award substantial indemnity costs or penalize the defendant for refusing to mediate.

The court awarded the plaintiff costs on a partial indemnity scale, fixed at $39,325.00, after making a reduction for overlapping time among the plaintiff's legal team.

The Township of West Lincoln brought a motion under Rule 38.11 to set aside a consent order declaring a watercourse on the applicants' property to be a navigable waterway, which effectively created a natural severance.

The Township argued it was an affected person because the order bypassed its planning authority over lot creation and impacted a demolition agreement.

The court dismissed the motion, finding that the Township's statutory planning authority and contractual agreements did not constitute a proprietary or economic interest required to give it standing as an affected person under Rule 38.11.

Following the dismissal of the applicants' application regarding failed contracts of purchase and sale for condominium units, the successful respondent sought partial indemnity costs of approximately $42,000.

The applicants argued no costs should be awarded as the application was not vexatious.

The court rejected the applicants' argument, finding the respondent was prima facie entitled to costs.

Applying the principles from Boucher, the court found the requested amount excessive and fixed partial indemnity costs at $22,386.23 inclusive of HST and disbursements.