The parties sought costs following a consolidated application regarding a commercial lease dispute where the applicant obtained declaratory relief terminating the lease, but monetary claims were deferred to proceed as an action.
The applicant sought partial indemnity costs of $55,361.66, while the respondents sought costs of $63,068 arguing divided success.
The court found it could not accurately apportion the applicant's costs specifically to the successful declaratory relief claim and reserved the issue of costs to the trial judge hearing the remaining damage claims.
