Following an earlier costs decision directing the respondent to file a proper Bill of Costs, the court considered the respondent’s revised submission.
The submission included extensive additional materials beyond the requested Bill of Costs, which the court declined to consider.
The court found the claimed full indemnity costs of over $52,000 excessive relative to the proportionality of the dispute, which concerned whether $125,000 should be shared between the parties.
After accepting disbursements but rejecting certain fee claims and finding the hours excessive, the court determined reasonable full indemnity costs to be $25,000 and fixed partial indemnity costs accordingly.
The applicant was ordered to pay the respondent $16,000 inclusive of disbursements and HST.