This decision addresses the costs arising from a successfully opposed motion for a stay of hearing.
The respondent sought costs on a substantial or partial indemnity basis.
The court considered factors under Rule 57 of the Rules of Civil Procedure, including success, complexity, and proportionality.
Given the non-complex nature of the issues and the hearing in writing, the court awarded the respondent $3,500.00 inclusive of HST and disbursements on a partial indemnity basis.