Following a motion decided in favour of the applicant, the court received written submissions on costs.
The applicant sought costs of $28,157.62 on a solicitor and client basis, while the respondents argued for partial indemnity costs fixed at $10,000.
Applying Rule 57.01 and the principles from Boucher, the court found that the protracted litigation necessitated by the respondents' actions warranted costs on a substantial indemnity basis.
The court fixed the costs payable by the respondents to the applicant at $21,000 all-inclusive.