The claimant sought an assessment of legal costs under s. 32 of the Expropriations Act following a settlement with the expropriating authority.
The authority argued that interest was not payable on unpaid legal accounts and that the claimant's costs were excessive due to duplication.
The Tribunal held that reasonable legal fees are payable regardless of whether they have been paid by the claimant, and that interest on those fees is compensable from the date of settlement.
The Tribunal reduced the claimant's legal costs by 10-20% for certain stages due to excessive internal discussions, awarding $356,755.45 in pre-settlement costs plus interest.