Following a motion concerning a construction lien priority dispute, the court determined the issue of costs between the parties.
The responding party was the successful party on the only issue in dispute and relied on a Rule 49 offer to seek partial indemnity costs to the date of the offer and substantial indemnity costs thereafter.
The moving party argued it should receive costs because the responding party conceded a minor adjustment to the holdback amount prior to the hearing.
The court rejected that argument, holding the concession did not justify depriving the successful party of costs.
Applying the factors governing costs assessment, including those articulated in Boucher v. Public Accountants Council for the Province of Ontario, the court fixed costs at $17,300 inclusive of disbursements and taxes.
