Following the dismissal of the applicant's motion for leave to apply for judicial review under the Construction Act, the parties could not agree on costs.
The respondent sought $13,803.13, while the applicant argued for no costs or $1,500 to $2,000.
The court found the respondent's claimed time excessive given their argument that the motion was doomed to fail based on established case law.
Applying the principles from Boucher, the court fixed costs payable by the applicant to the respondent at $5,000 inclusive of fees, disbursements, and HST.
