The Applicants sought full recovery costs ($27,557) after successfully obtaining a prescriptive easement in a prior application.
The Respondents agreed to costs but argued for partial indemnity.
The court, exercising its discretion under s. 131(1) of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, found no basis for elevated costs, as there was no offer to settle under Rule 49.10 nor any sanction-worthy conduct by the Respondents.
Despite the importance and moderate complexity of the case, the court determined that all-inclusive partial indemnity costs in the fixed amount of $14,300 were fair and reasonable, dismissing the Applicants' request for full recovery.
