F. Hassan

The applicants sought costs on a substantial indemnity basis after being successful in their application.

The respondent sought costs on a partial indemnity basis, arguing he was more successful.

The court found both parties disregarded judicial directions regarding costs and procedural law.

While the applicants were entitled to costs, the court found no basis for substantial indemnity.

The court significantly reduced the quantum of costs claimed by the applicants due to excessive rates and time spent on an uncomplex matter, and considered the parties' litigation conduct, particularly the respondent's worse conduct.

The applicants were awarded $25,000.00 on a partial indemnity basis.

The applicants sought relief from various fees charged by the respondent on a mortgage, arguing they breached the Interest Act and Criminal Code, and also sought production of documents and a declaration of prejudicial conduct.

The court found that renewal, administration, and NSF fees were not properly chargeable as no evidence of incurred costs was provided, applying s. 8 of the Interest Act.

Legal fees were found chargeable at an admitted quantum.

The request for declaratory relief was dismissed as it served no practical purpose and sought to predetermine future issues.

The court also heavily criticized both counsels for extensive procedural non-compliance.