The Applicants sought costs on a substantial indemnity basis after successfully securing the reinstatement of their commercial tenancy.
The court found the Respondent's conduct during the lease termination and litigation to be reprehensible and high-handed, justifying an elevated costs award.
Despite the Applicants not filing a Bill of Costs, the court fixed costs at $25,000, all inclusive, payable by the Respondent, considering the reasonableness of counsel's time, the significance of the issues, the Applicants' full success, and their reasonable offers to settle.
