Following the dismissal of the applicant's motion for a declaration that a judgment survived the respondents' bankruptcy, the successful respondents sought full indemnity costs.
The court declined to award costs, noting that the applicant had already lost the ability to collect a substantial debt due to the respondents' bankruptcy.
Relying on equitable principles and the 'fresh start' policy of the Bankruptcy and Insolvency Act, the court ordered each party to bear their own costs.
