Following a motion for interim injunctive relief in a civil action alleging conspiracy and tortious conduct related to protest activities, the court addressed the issue of costs.
The moving party had obtained a limited interim injunction restraining certain conduct but was denied broader relief, including a proposed order against unidentified persons and further examination of the defendant.
The defendant argued that success on several issues and his status as a public interest protester justified either a costs award in his favour or no costs order.
The court held that the moving party was the successful party overall because it obtained injunctive relief restraining unacceptable conduct.
However, because the moving party sought overly broad relief that was largely denied, the claimed costs were reduced and fixed at a lower amount.