Following the dismissal of the applicant's case, the court determined the issue of costs.
The respondent sought costs of up to $53,102.09 on a substantial indemnity basis, noting a Rule 49 offer to settle.
The applicant argued for no costs due to the novelty of the case and financial hardship.
The court rejected the novelty argument but acknowledged the applicant's hardship, fixing costs at $27,500 inclusive of disbursements and HST.
