The Applicant sought costs after successfully obtaining an order to close an access road on her property, subject to a temporary suspension for the Respondent's use.
The Respondent opposed the costs request, arguing that the Applicant was aware of the access road's long-standing use when she purchased the property and that he had made settlement offers.
The court considered the parties' efforts to settle, the importance and complexity of the issues (easements), and the reasonableness of the Applicant's counsel's fees.
The court awarded the Applicant costs of $7,500 on a partial indemnity basis.
