Following a successful motion setting aside a prior contempt order, the applicant sought full recovery costs of approximately $12,959.66.
The respondent argued that no costs should be awarded because the matter concerned setting aside a contempt finding and the respondent was required to attend to assist the court, or alternatively that the bill was disproportionate.
The court held that the applicant was completely successful and that the respondent could have consented or taken a non-opposition position to avoid the hearing.
Applying modern costs principles emphasizing partial indemnification, encouragement of settlement, and discouragement of unnecessary litigation, the court found full indemnity costs unwarranted but awarded partial costs.
Costs of $5,500 all inclusive were ordered payable by the respondent to the applicant.