The applicant was substantially successful in her application concerning property rights (driveway and water well) and entirely successful in dismissing the respondent's cross-applications.
This decision addresses the costs incurred.
The applicant sought full indemnity costs of $131,368.89, or partial/substantial indemnity.
The court declined to award costs for a motion for directions and found no basis for substantial indemnity costs due to reprehensible conduct.
While the applicant's Rule 49 offer was favourable, the court exercised discretion not to apply Rule 49.10 consequences fully because the applicant was not wholly successful on all claims (e.g., harassment, damages).
Considering all factors, including the complexity, importance, and the applicant's reasonable conduct, the court awarded the applicant $65,000.00 in costs, inclusive of fees, disbursements, and HST, payable within 90 days.
