Following a successful application for rectification of the Land Titles Register to reflect a historical right-of-way, the applicant sought costs.
The respondent argued that no costs should be awarded because the registration omission resulted from an administrative error and because the applicant had not previously provided notice of reliance on the right-of-way registered under the Registry Act.
The court rejected these submissions and held that the successful party was entitled to its costs.
The applicant’s bill of costs was found to be fair and reasonable and was granted.
