Following a trial under the Construction Lien Act involving a commercial renovation contract dispute, the court had awarded judgment to the plaintiff contractor for the net unpaid contract balance after accounting for deficiencies.
The present decision addressed the issue of costs.
The court rejected the defendants’ submission that success was divided and held the plaintiff was the successful party because it obtained a monetary judgment.
Costs were awarded on a partial indemnity basis, but the court reduced the claimed counsel fees and expert disbursements to ensure proportionality with the modest amount in dispute and the relatively low to moderate complexity of the case.
