The applicant brought an application to remove an exhaust vent encroaching on her property.
The respondents removed the encroachment before the hearing, leaving only the issue of costs.
To determine costs, the court assessed whether the applicant would have succeeded on the merits.
The court interpreted a prior Resolution Agreement between the parties and found it did not grant an easement for the encroachment.
Concluding the applicant would have been successful, the court awarded her costs of $8,000 on a partial indemnity scale.