Following a successful appeal by the appellant, the parties were unable to agree on the costs of the underlying summary judgment motion.
The respondent argued that costs should be reserved to the trial judge and that the amount claimed was excessive.
The Court of Appeal followed its general practice of deciding costs immediately and awarded the appellant its requested partial indemnity costs of $47,660, finding the amount reasonable given the complexity and importance of the motion.
The court declined to interfere with a separate costs order regarding a co-defendant, as it had not been raised on appeal.
