Following written reasons granting judgment to the applicant, the court determined the appropriate costs award.
The applicant sought substantial indemnity costs, arguing the respondents engaged in oppressive and unfair conduct and failed to respond to settlement overtures or to file costs submissions.
The court found the time spent by counsel and the claimed hourly rates to be reasonable, and accepted the disbursements claimed.
Given the respondents’ conduct and the fact that the application sought to enforce an entitlement already established in prior proceedings, the court concluded that a substantial indemnity award was justified.
Costs of $12,203.43 were fixed against the respondents jointly and severally.
