Following a successful application declaring a municipal fund to be a purpose trust and finding the respondent municipality in breach of its obligations as trustee, the applicant sought costs on a full indemnity basis.
The court found that the applicant championed the cause of other ratepayers and that the litigation arose partly due to uncertainty surrounding the agreement.
The court awarded the applicant full indemnity costs of $89,319.11, ordering the respondent to pay $53,319.11 on a partial indemnity scale, with the balance of $36,000 to be recovered from the trust fund.
