Following the dismissal of the applicants' application regarding failed contracts of purchase and sale for condominium units, the successful respondent sought partial indemnity costs of approximately $42,000.
The applicants argued no costs should be awarded as the application was not vexatious.
The court rejected the applicants' argument, finding the respondent was prima facie entitled to costs.
Applying the principles from Boucher, the court found the requested amount excessive and fixed partial indemnity costs at $22,386.23 inclusive of HST and disbursements.
