The respondent public complainant sought partial indemnity costs of $9,316.87 from the applicant police officer following a proceeding.
The applicant did not dispute the quantum but argued no costs should be ordered because the matter was a test case concerning the standard of proof in police disciplinary cases.
The Divisional Court rejected this argument, finding that while the co-respondent police service did not seek costs, the proceeding was not a test case for the public complainant, who was maintaining a civil claim against the applicant.
The court awarded the requested costs to the respondent public complainant.