Khatija Khatri, successful in an application to discharge instruments from her property title, sought substantial indemnity costs.
Talat Khan, the respondent, opposed, citing Khatri's delay and uncooperative conduct, and the reinstatement of a Writ of Seizure and Sale in a related action.
The court awarded Khatri substantial indemnity costs from the date of her offer to settle, acknowledging her success on the application.
However, the quantum was reduced due to both parties' litigation conduct and the applicant's significant delay in pursuing the application.
The final costs award of $33,206.33 was stayed pending the determination of costs in a related "Brampton action."