Mr. Martindale

Following a trial of issues arising from an oppression remedy application, the applicant was awarded $459,200 for its shares in the respondent corporation.

The applicant sought costs, relying on an offer to settle for $350,000 that was not accepted by the respondents.

The court found the applicant beat its own offer and was entitled to partial indemnity costs up to the offer date and substantial indemnity costs thereafter.

The court fixed total costs at $77,000, reducing the claimed amount to reflect proportionality and the unnecessary duplication of legal work.

This decision addresses the quantum of costs following a successful trial for the applicant.

The applicant sought over $105,000 in total costs, while the respondent argued for a limit of $25,000, citing financial hardship and proportionality.

The court, applying Rule 57 factors and the principle of proportionality, awarded the applicant $40,000 for fees and $7,500 for disbursements plus HST, finding the applicant's requested amount excessive despite the reasonableness of counsel's hourly rate and the applicant's success at trial.