Following a decision on commercial lease applications, two telecommunications companies (the Rooftop Tenants) sought their costs as deemed intervenors.
The Rooftop Tenants had successfully argued for continued access to their rooftop equipment through the tenant's premises.
The court found that the Rooftop Tenants were entitled to partial indemnity costs because their property interests were directly impacted and they were successful on the merits.
The court fixed costs at $20,000 for Rogers and $15,000 for Freedom Mobile, apportioning liability 75% to the tenant and 25% to the landlord.
