The applicants were successful at trial in having a notice filed under section 71 of the Land Titles Act removed from title to certain real property.
The applicants sought substantial indemnity costs, arguing the respondents acted unreasonably by registering and refusing to remove the notice.
The court found the respondents did not act unreasonably, but merely took an incorrect position, and awarded partial indemnity costs.
The court fixed the applicants' costs at $50,000 inclusive of disbursements and HST, considering the importance of the matter, the lack of jurisprudence on section 71, and the comparative costs outlines.
