The applicant was successful on the merits of its application and sought costs on a full indemnity basis, relying on an indemnity clause in the operating agreement.
The court held that the contractual phrase 'all costs' does not necessarily dictate the scale of costs, which remains discretionary under section 131 of the Courts of Justice Act.
The court awarded costs on a partial indemnity basis, calculating the amount using the 61% ratio presented by the respondent's own costs outline, resulting in an all-inclusive award of $311,228.77.
