C.D. Salazar

Following a summary judgment motion with divided success, both parties sought costs.

The defendants sought $21,377.86, reflecting a 50% reduction for divided success, while the plaintiff sought $9,489.50, reflecting a 20% reduction.

The court found the plaintiff was the more successful party, having successfully resisted the dismissal of its entire action and established bad faith by the defendants on one issue.

The court awarded the plaintiff $10,000 in costs, all inclusive.

The defendants, the City of Orillia and two officials, brought a motion for summary judgment to dismiss the plaintiff Balmoral Developments Hilda Inc.'s action.

Balmoral also sought summary judgment in its favour on specific issues.

The case involved two main disputes: (1) whether By-Law 2014-75, which imposed conditions on Balmoral's condominium exemption application, was lawfully enacted; and (2) whether the barrier-free accessibility requirements imposed by the City were lawfully imposed.

The court found that the City acted in bad faith by imposing unauthorized conditions on the exemption certificate, striking those conditions.

However, the court dismissed Balmoral's challenge to the barrier-free requirements, finding the issue moot and a collateral attack on a decision not appealed.

The matter of damages was reserved for a future trial or disposition.