The court determined the appropriate costs following motions in which the responding party was entirely successful.
The court applied the discretionary framework for costs under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, emphasizing that fixing costs is not a purely mechanical calculation based on hours and rates.
The objective is to arrive at an amount that is fair and reasonable for the unsuccessful party to pay in the circumstances of the proceeding.
After considering the Rule 57.01(1) factors, the court fixed an all-inclusive costs award payable by the moving party defendants.
