Following a successful judicial review application, the applicants sought costs of $113,017.43 on a partial indemnity scale.
The court reviewed the bill of costs and applied the principle that a costs award must reflect a fair and reasonable amount for the unsuccessful party to pay, rather than an exact measure of actual costs.
The court disallowed costs for proceedings before the administrative tribunal, reduced the hourly rates claimed for counsel, and found the hours claimed for preparation and submissions excessive.
Costs were fixed at $25,681.93 inclusive of disbursements.
