Chantell J. Bryson

The moving parties sought costs of $11,097.22 on a partial indemnity basis after successfully obtaining an adjournment.

The respondent opposed the costs, arguing they should be assessed later or denied due to alleged delays.

The court found the motion was entirely avoidable and necessitated by the respondent's unreasonable refusal to consent to the adjournment.

Applying the principles of proportionality and reasonableness, the court fixed costs at $6,000 inclusive of disbursements and HST.

The moving parties sought costs of $11,097.22 on a partial indemnity basis after successfully obtaining an adjournment of a judicial review application.

The applicant opposed the costs, arguing they should be assessed later or denied.

The court found the motion was entirely avoidable and necessitated by the applicant's unreasonable refusal to consent to the adjournment.

The court awarded costs to the moving parties but reduced the amount to $6,000, finding the time spent on the motion materials excessive.