Costs endorsement following the dismissal of an emergency application.
The applicant in the underlying proceeding had sought to enjoin the respondent city from exercising rights under an easement agreement, which had been confirmed by both the Superior Court and the Court of Appeal.
The court found the application constituted a collateral attack, an abuse of process, and was brought on unreasonably short notice with voluminous materials.
The city sought substantial indemnity costs of $25,150.41, which the court awarded in full, finding the amount proportionate given the unreasonable and ill-advised nature of the proceeding.
