Following the dismissal of the applicants' application regarding a property dispute, the successful respondent sought full indemnity costs of $268,233.87.
The court rejected the claim for full indemnity costs, finding no malicious conduct by the applicants and noting the requested amount was disproportionate to the applicants' own costs.
The court awarded the respondent partial indemnity costs fixed at $105,681.60 inclusive of fees, disbursements, and HST.
