Fernando Sabino Teixeira

The Applicant and Respondent, joint owners of a family business, brought competing applications to wind up the corporation and for an accounting.

Following an order for the business sale and an accounting, the parties sought costs.

The Applicant requested substantial indemnity costs of $50,202.35, while the Respondent sought partial indemnity costs of $17,243.58.

The court found that success was divided and that a punitive costs award was not justified.

The court fixed costs at $25,000, to be "in the cause" of the ongoing accounting or arbitration.

Following a successful summary judgment motion dismissing the plaintiffs’ action and granting judgment on the defendant’s counterclaim in a residential boundary dispute, the court determined the appropriate costs award.

The defendant had previously served an offer to settle dismissing the action with partial indemnity costs, which remained open and unaccepted.

The plaintiffs argued for partial indemnity costs and challenged the defendant counsel’s hourly rate, while the defendant sought substantial indemnity costs.

The court found the defendant was virtually completely successful and that the time spent and hourly rate were reasonable.

Balancing the factors under the Rules of Civil Procedure, the court awarded costs at a level slightly above partial indemnity but below substantial indemnity.