Following an earlier hearing converting an application concerning distraint of goods into an action to be tried with a related proceeding, the court addressed the issue of costs.
The respondent had successfully argued that the application should proceed as an action together with a companion action involving the same transactions and parties.
The court considered the discretion to award costs under s. 131(1) of the Courts of Justice Act and the factors in Rule 57.01.
While the applicant’s opposition to conversion was not unreasonable and there was no bad faith, the respondent was partially successful on the procedural issue.
The court awarded modest costs for the hearing while reserving further costs to be determined following the final determination on the merits.
