Costs awarded on a partial indemnity basis to the successful respondent in a drainage dispute.
The Ontario Drainage Referee determined the costs to be awarded following the dismissal of the applicants' drainage application.
The respondent sought costs on a substantial indemnity basis, while the applicants argued for fixed costs of $2,000.
The Referee awarded costs to the respondent on a partial indemnity basis, noting that the applicants were reasonably pursuing the matter after it was referred back by the Divisional Court, and that landowners should not be discouraged from exercising their legitimate rights of appeal in drainage matters.
The respondent's bill of costs was approved with an adjustment to the hourly rate for travel, plus an additional $600 for written submissions.
ODROntario Court of the Drainage RefereeSep 16, 2003
