Heather Michel

Northridge Homes Ltd. sought costs after successfully vacating an improper court order that had discharged construction liens based on a sham financial guarantee bond.

The defendants (Motel and Grewals) did not dispute Northridge's entitlement to costs but challenged the quantum.

The defendants also brought a motion under Rule 57.07(1)(b) of the Rules of Civil Procedure to have their former counsel, Wilford Professional Corporation, held responsible for any costs awarded against them.

The court awarded Northridge $9,000 in all-inclusive costs, reduced from the requested amount due to delay and lack of settlement efforts.

The court further found that Wilford Professional Corporation, through default in ensuring the bond's validity, caused the costs to be incurred without reasonable cause and ordered them to reimburse the defendants for the $9,000.

This endorsement addresses the costs of a motion where the moving party was successful.

Despite the moving party's success on the underlying motion, the court declined to award costs to any party.

This decision was based on the moving party receiving an indulgence and causing a further attendance due to insufficient time scheduling, and the responding parties' unsuccessful opposition.

The court found that a fair disposition was to award no costs.