This costs endorsement followed a refusals motion in which success was divided across eight contested refusals.
The court adopted a per-refusal approach drawn from prior case management directions, using $1,500 per contested refusal as an efficient basis for assessing costs risk and outcome.
Because the responding party succeeded on five refusals, the moving party succeeded on one, and success was split on two, the court fixed costs in favour of the responding party.
Costs were awarded at $6,000 in fees plus HST and $1,525 in disbursements.
