The City of Thunder Bay sought costs on a full indemnity basis after successfully obtaining an order for an arbitrator's appointment due to the respondent's refusal to participate in arbitration.
The court, having previously ordered full indemnity costs, reviewed the City's submissions.
Despite the respondent's failure to file submissions, the court found the application was made unnecessarily complex by the respondent's irrelevant assertions.
Applying the principles from Boucher et al. v. Public Accountants Council for the Province of Ontario, the court fixed costs at a reduced amount of $17,000 plus HST and disbursements, finding it fair and reasonable given the circumstances and the respondent's conduct.