George A. Babits

Following the dismissal of the appellant's appeal on liability and partial success on the costs appeal, the respondents sought costs of the appeal totaling $675,880.87.

The appellant argued for no costs or a significantly reduced amount due to divided success and duplication of counsel by the amalgamated municipal respondents.

The Court of Appeal awarded the respondents one set of costs, fixed at $125,000, reflecting the straightforward nature of the legal issues, the duplication of argument, and the appellant's partial success on the costs appeal.

The appellant, operator of a retirement home, appealed the dismissal of its action for misfeasance in public office against the City of Hamilton and the Regional Municipality of Hamilton-Wentworth, arising from an order to comply issued in 1994.

The appellant also appealed the trial judge's costs award of over $4 million.

The Court of Appeal upheld the dismissal of the misfeasance claim, finding the public officials acted lawfully and in good faith to protect vulnerable residents.

However, the Court allowed the appeal on costs, reducing the award to a partial indemnity scale and adjusting for duplication of counsel after the City and Region amalgamated.