The applicant sought costs following a successful application to enforce a New York judgment in Ontario concerning the sale of a painting.
The court had previously permitted enforcement of the foreign judgment but stayed execution pending the outcome of an appeal in New York.
The applicant requested costs on a substantial indemnity basis, arguing the respondent had repeatedly attempted to relitigate issues already decided and had engaged in delay tactics through multiple proceedings and appeals.
The court agreed that the respondent’s conduct justified substantial indemnity costs but reduced the amount claimed due to concerns about the involvement of multiple senior counsel.
Costs were awarded to the applicant in the amount of $94,298.28 inclusive of fees, disbursements, and HST.
