The court considered costs following a successful motion by Hardath Singh, Ramkali Mohan, 1415006 Ontario Ltd., and Maple Leaf Wheelchair Manufacturing Inc. to secure a stay of a Notice of Arbitration.
The success was based on the legal principle against a multiplicity of proceedings and inconsistent findings of fact, which outweighed the policy favouring arbitration agreements.
Despite the successful outcome for these parties, the court ordered that costs be "in the cause," citing fairness under Rule 57.01(i).
This decision defers the final determination of costs to the trial judge, who will have a full understanding of the conflicting claims and procedural history.
