The applicants achieved substantial success in an application and cross-application regarding an easement and right-of-way dispute, which was largely settled on the eve of the hearing.
The court considered the costs of the applications.
Applying Rule 57 and the principles of proportionality and reasonableness, the court awarded the applicants costs fixed at $48,105.58 on a partial indemnity basis.
The court noted the applicants' generous settlement offers and the respondents' lack of cooperation and diligence throughout the litigation.
