Following dismissal of two applications involving a dispute between dental professional corporations and issues arising from arbitration decisions and lease forfeiture, the court determined costs.
The applicant had sought leave to appeal arbitral decisions and relief from forfeiture of a lease but was unsuccessful.
The court applied Rule 57 and proportionality principles in fixing fair and reasonable costs rather than simply awarding actual costs incurred.
Partial indemnity costs were awarded to the respondent corporation for both applications, while the landlord respondent received substantial indemnity costs due to contractual indemnification provisions and the applicant’s conduct in unnecessarily involving the landlord.
Costs were fixed with reductions to claimed hours where the court found the time excessive.
