Following the dismissal of an action seeking a declaration that a public road existed along the shoreline of Georgian Bay properties, several defendant groups sought costs.
The defendants argued for substantial indemnity costs based on alleged misconduct by the municipality, while the plaintiff contended that costs should be limited and apportioned globally among defendants.
The court rejected the claim for substantial indemnity costs, finding no reprehensible conduct by the plaintiff.
Applying Rule 57.01 principles, the court assessed partial indemnity costs individually for each successful defendant group, reducing some claims to account for duplication, inefficiencies, and unsupported expert disbursements.
Costs were awarded separately to the defendants in amounts the court found reasonable and proportionate.
